IMPORTANT POINTS
Onus is on the party, who raises a plea of repugnancy between the two enactments -Central and State, and the extent to which it is repugnant, and consequently invocation of Article 254(1) of the Constitution of India, to substantiate the same. Though the laws operate in the same field of education, repugnancy should be visible and even taking it for granted, every effort should be made to reconcile the same. Question to be considered is whether there is encroachment or overlapping, by the State Legislature, and to what extent, causing repugnancy.

JUDGMENT :

S.Manikumar, J.

Instant public interest writ petition has been filed seeking the following reliefs:

(i) To declare that Rule 5 of the Special Rules for Kerala Higher Secondary Education State Service Rules, 2001, to the extent it is inconsistent with National Council for Teacher Education (Determination or Minimum Qualifications for Persons to be recruited as Education Teachers and Physical Education Teachers in Pre-primary, Primary, Upper Primary, Secondary, Senior Secondary or Intermediate Schools or Colleges) Regulations, 2014 (Exhibit-P1) issued under the National Council for Teacher Education Act, 1993, is void.

(ii) To declare that Rule 5 of the Kerala Higher Secondary Education State Service Rules, 2001, to the extent it is inconsistent with Exhibit-P1 Regulations issued under the NCTE Act is void.

(iii) To declare that Rule 6 of Chapter XXXII of the Kerala Education Rules, 1959, to the extent it is inconsistent with Exhibit-P1 regulations issued under the NCTE Act is void.

(iv) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the State of Kerala and the Director of General Education, Thiruvananthapuram, respondents 1 & 2, not to approve the appointment of candidates, who have not obtained B.Ed., or B.A.Ed/B.Sc.Ed. degree from NCTE recognized institution, as teachers in Higher Secondary Schools.

(v) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the State of Kerala and the Director of General Education, Thiruvananthapuram, respondents 1 & 2, not to appoint any candidate, who has not acquired B.Ed. Degree from an NCTE recognized institution as Higher Secondary School Teacher.

(vi) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the State of Kerala and the Director of General Education, Thiruvananthapuram, respondents 1 & 2 not to consider the certificate issued by any authority other than the National Council for Teacher Education granting equivalency to any training programme for the purpose of deciding the qualification of a candidate for the post of HSST and HSST (Junior).”

2. Short facts leading to the filing of the writ petition are that, - petitioner is a former Senate Member of Mahatma Gandhi University, Kottayam. He is also the member of Ward No.VIII of Athirampuzha Grama Panchayat and Vice-President of Muslim Students Federation, an active students' organization having representatives in the Students' Union committee, Union Council of University, Senate etc.

3. Parliament has enacted the National Council for Teachers' Education Act, 1993 ('NCTE Act', for short). Under the said Act, National Council for Technical Education, established under Section 3(1), is the only authority to prescribe minimum qualification for a person to be employed as a teacher in the schools or recognised institutions. As per National Council for Teacher Education (Determination of Minimum Qualifications for Persons to be Recruited as Education Teachers and Physical Education Teachers in Pre-primary, Primary, Upper Primary, Secondary, Senior Secondary or Intermediate Schools or Colleges) Regulations, 2014 (Exhibit-P1) issued by the National Council for Teacher Education under the NCTE Act, which are applicable for recruitment of teachers in all the schools for imparting education to elementary, secondary and senior secondary stages, the minimum qualification prescribed for the post of Higher Secondary School Teacher (HSST) is Post Graduate (or its equivalent) degree from a recognized University, and B.Ed or B.A.Ed/B.Sc.Ed. from any NCTE recognized institution.

4. According to the petitioner, the qualifications for Higher Secondary School Teachers (HSST) in Government Schools in Kerala are prescribed in Rule 5 of the Special Ru