Back
2024 Supreme(Chh) 299
IN THE HIGH COURT OF CHHATTISGARH, BILASPUR
RAMESH SINHA, CJ, ARVIND KUMAR VERMA, J.
Bhuneshwar Sahu, S/o. Shri Tarachand Sahu - Petitioner
Versus
Union Of India, Through The Principal Secretary, Ministry Of Human Resource Development (M.H.R.D.), Department Of Education & Literacy Government Of India and Ors. - Respondents
WPS No. 3541 of 2023, WPS No. 5788 of 2023, WPS No. 7344 of 2023
Decided On : 02-04-2024
Important Points
Subject
Administrative Law - Education Law
Act Referred
CONSTITUTION OF INDIA: Art.21, Art.21(a), S.141
RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT: S.23
RIGHT TO EDUCATION ACT: S.23(1)
SUPREME COURT RULES: O.15 R.5
Headnote
(B) Legal Standards for Teacher Qualifications - The court upheld that only qualifications ensuring pedagogical skills for primary education, i.e., D.El.Ed, should be prioritized.
(C) Petitioner's Argument - Petitioners challenged the legality of notifications allowing B.Ed holders to participate in the recruitment process, arguing it compromises educational quality.
Findings of Court:
The notification and consequential advertisements allowing B.Ed. candidates were declared unlawful and quashed.
Issues: Main issues include the legality of the notifications affecting teacher recruitment qualifications and their adherence to the RTE Act.
Ratio Decidendi: The court concluded that the NCTE's inclusion of B.Ed. holders is arbitrary, undermines educational quality, and contradicts the RTE Act.
Result: Writ petitions allowed, notifications struck down, and candidates with B.Ed. disqualified from selection.
For The Petitioners: Ms. Meenakshi Arora, learned Sr. Adv. assisted by Mr. Ishan Verma, Mr. Mandeep Kalra, Ms. Suvangana Agrawal, Mr. Rishabh Lekhi, Ms. Chitrangada Singh, Ms. Radhika Jalan, Mr. Chandratanay Chaube and Mr. Aditya Kumar Mishra, Mr. Anurag Dayal Shrivastava, Mr. Ajay Shrivastava and Mr. G.P. Mathur.
For the Respondents: Mr. Tushar Dhar Diwan, learned counsel holding the brief of Mr. Ramakant Mishra, learned Deputy Solicitor General and Mr. Sumit Singh, Mr. Y.S. Thakur, Mr. Bhaskar Payashi, Mr. Avinash Singh, Ms. Akansha Singh and Mr. Yogendra Pandey.
For the Interveners :Mr. Ravindra Shrivastava & Mr. Rajeev Shrivastava, learned Senior Advocates assisted by Ms. Naushina Ali, Mr. Ajay Kumrani, Mr. Topilal Bareth, Ms Ankita Gourha, Mr. Vijay Chawla, Ms. Sanya Shukla, Mr. Aniket Singh Das, Ms. Devangana Singh, Mr. Leeshan Sharma and Ms. Krati Dubey, learned counsel for the interveners-Arvind Kumar and others in WPS No.5788/2023, Mr. Sushobhit Singh, learned counsel for the interveners-Shyam Lal and others in WPS No.5788/2023, Mr. Govind Dewangan, learned counsel for the interveners-Rohit Verma and others in WPS No.5788/2023, Mr. Ghanshyam Kashyap, learned counsel for the interveners-Harish Chourasiya in WPS No.5788/2023, Mr. R.K. Verma, learned counsel for the interveners-Nirajkant Verma and others in WPS No.5788/2023, Ms. Ayushi Agrawal, learned counsel holding the brief of Mr. C.J.K. Rao, Advocate for the interveners-Kalyan Singh and Others in WPS No.5788/2023, Mr. Prateek Sharma, learned counsel for the intervener-Richa Mishra in WPS No.5788/2023.
| Table of Content |
|---|
| 1. challenging qualifications for teaching positions. (Para 1 , 2 , 3) |
| 2. right to education and its constitutional provisions. (Para 4 , 5 , 6 , 7 , 8) |
| 3. supreme court's previous rulings on educational qualifications. (Para 11 , 12 , 14) |
| 4. b.ed. inclusion deemed unlawful by supreme court. (Para 15 , 16 , 36) |
| 5. petitioner arguments against b.ed. qualification. (Para 20 , 21 , 22) |
| 6. court's affirmation of maintaining quality education standards. (Para 33 , 34) |
| 7. petitions allowed, advertisements quashed. (Para 39 , 40) |
ORDER :
Ramesh Sinha, CJ.
1. Since the identical facts and law are involved in these three writ petitions i.e. WP (S) Nos. 3541 of 2023, 5788 of 2023 and 7344 of 2023 all these cases have been heard jointly and are being disposed off by this common order.
2. Writ Petition Nos.3541 of 2023 and 7344 of 2023 have been filed by the petitioners with the following prayers:
“10.1 That, this Hon'ble Court may kindly be pleased to struck down the impugned notification dated 04.05.2023 issued by the Under Secretary, School Education Department State of Chhattisgarh (Annexure P/1) for being arbitrary, illegal, ultra virus and unconstitutional;
10.2 That this Hon'ble Court may kindly be pleased to struck down the impugned Annexure-I of the Scheduled - III of the Chhattisgarh School Education Services (Education Administrative Cadre) Recruitment and Promotion Rules, 2019 (ANNEXURE P/1) for being arbitrary, illegal, ultra virus and unconstitutional;
10.3 That, this Hon'ble Court may kindly be pleased to set aside/quashed the advertisement dated 04.05.2023 to the extent it allows the candidates possessing qualification B.Ed. holders have been declared eligible for the post of primary level teachers (I-V) to participate in it in pursuant to the impugned notification dated 04.05.2023;
10.4 That, this Hon'ble Court may kindly be pleased to struck down the impugned notification dated 28.06.2018 issued by the NCTE (Annexure P/3) for being arbitrary, illegal, ultra virus and unconstitutional;
10.5 That, this Hon'ble Court may kindly be pleased to call the entire record of minutes and proceedings leading to passing of the impugned notification dated 28.06.2018;
10.6 That, this Hon'ble Court may kindly be pleased to allow the instant petition and allow the only the D.El.Ed. Diploma Holder candidates to be eligible for the post of the Assistant Teacher as was prevalent prior of passing of the impugned notification dated 28.06.2018;
10.7 That, this Hon'ble Court may kindly be pleased to direct the respondent to not to treat B.Ed. candidates as eligible for the post of primary level teacher in the advertisement dated 04.05.2023;
10.8 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.”
3. Writ Petition No.3541 of 2023 has been filed by the petitioner with the following prayers:-
“10.1 That, this Hon’ble Court may kindly be pleased to struck down the impugned notification dated 04.05.2023 issued by the Under Secretary, School Education Department State of Chhattisgarh (Annexure P/1) for being arbitrary, illegal, ultra virus and unconstitutional;
10.2 That, this Hon’ble may kindly be pleased to struck down the impugned Annexure-I of the scheduled-III of the chhattisgarh School Education Services (Education Administrative Cadre) Recruitment and Promotion Rules. 2019 (Annexxure P/1) for being arbitrary, illegal, ultra virus and unconstitutional;
10.3 That, this Hon’ble Court may kinldy be pleased to set aside/quashed the advertisement dated 04.05.2023 to the extent it allows the candidates possessing qualification B.Ed. Holders have been declared eligible for the post of primary level teachers (I-V) to participate in it in pursuant to the impugned notification dated 04.05.2023;
10.4 That, this Hon’ble Court may kindly be pleased to struck down the impugned notification dated 28.06.2018 issued by the NCTE (Annexure P/3) for be
