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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PANKAJ MITHAL, REKHA BORANA, JJ.
Usha Kumari D/o Gauri Sahay Yadav – Appellant
Versus
State Of Rajasthan – Respondent
D.B. Spl. Appl. Writ No.86, 357, 477 of 2020, 98 of 2021, 148 to 151 of 2022
Decided on : 14-12-2022
Qualification - Teacher Recruitment - Right of Children to Free and Compulsory Education Act, 2009 - [S.B. Civil Writ Petition No.149/2022 (Usha Kumari Vs. State of Rajasthan & Others)] - Section 23 of the Act of 2009 - The judgment discusses the issue of whether a person possessing a B.Ed. in General Education and a diploma in Special Education is entitled to be considered for recruitment as a Teacher Gr.III Level II in Special Education. The court analyzed the qualifications prescribed by the National Council for Teacher Education (NCTE) and the Rehabilitation Council of India (RCI) and their authority to prescribe qualifications for teachers. The court held that NCTE is the only authority authorized to prescribe qualifications for teachers and that the qualifications prescribed by NCTE for Teacher Gr.III Level II (Special Education) are valid and must be followed by the State. The judgment affirmed the decision of the writ petitions filed at the Principal Seat at Jodhpur, setting aside the order of the Jaipur Bench and dismissing the special appeals filed by the State and private respondents.
Fact of the Case:
The judgment discusses the issue of whether a person possessing a B.Ed. in General Education and a diploma in Special Education is entitled to be considered for recruitment as a Teacher Gr.III Level II in Special Education.
Finding of the Court:
The court found that the qualifications prescribed by the NCTE for Teacher Gr.III Level II (Special Education) are valid and must be followed by the State. The judgment affirmed the decision of the writ petitions filed at the Principal Seat at Jodhpur, setting aside the order of the Jaipur Bench and dismissing the special appeals filed by the State and private respondents.
Issues: The main issue was the authority to prescribe qualifications for teachers in Special Education, specifically regarding the equivalence of B.Ed. in General Education and a diploma in Special Education to B.Ed. in Special Education.
Ratio Decidendi: The court held that NCTE is the only authority authorized to prescribe qualifications for teachers and that the qualifications prescribed by NCTE for Teacher Gr.III Level II (Special Education) are valid and must be followed by the State.
Final Decision: The judgment affirmed the decision of the writ petitions filed at the Principal Seat at Jodhpur, setting aside the order of the Jaipur Bench and dismissing the special appeals filed by the State and private respondents.
JUDGMENT :
Rekha Borana, J.
1. The present are two sets of special appeals arising out two bunch of writ petitions. First set of writ petitions is of the petitioners whose writ petitions had been allowed at Principal Seat, Jodhpur, leading case being S.B. Civil Writ Petition No.17833/2018 (Rajni Vs. State of Rajasthan and Others) decided on 09.12.2019. Other set of writ petitions are those filed by the petitioners, which were dismissed by the Jaipur Bench of this Court, the lead case being S.B. Civil Writ Petition No.23192/2018 (Usha Kumari & Others Vs. State of Rajasthan & Others) decided on 20.01.2020.
2. The first set of special appeals (being SAW Nos.357/20, 477/20, & 98/21) have been preferred by the State against the order whereby the writ petitions of the petitioners therein had been allowed whereas the special appeals (SAW Nos.148/22, 149/22, 150/22 & 151/22) against the second set of writ petitions which were dismissed, have been preferred by the petitioners therein.
3. There is also a special appeal (SAW No.86/20) preferred by the aggrieved persons/private respondents therein who were aggrieved of the judgment passed by the Court at Jaipur Bench while allowing the petitions.
4. As a common issue is involved in all the appeals, the appeals filed at Jaipur Bench were directed to be tagged with the appeals filed at Jodhpur and the same were ordered to be listed at Jodhpur. All the eight appeals having been heard together and are being decided by this Common judgment.
5. For the sake of convenience, the facts of D.B. Special Appeal No.149/2022 (Usha Kumari Vs. State of Rajasthan & Others) are taken into consideration.
6. The issue in question is whether a person possessing qualification of B.Ed. (General Education) coupled with one year/two year diploma in Special Education would be entitled to be considered for the recruitment in question. As per the advertisement, the qualification required for Teacher Gr.III Level II in Special Education was graduation with atleast 50% marks and 1-year Bachelor in Education (B.Ed) (Special Education). The case of the petitioners before the writ Court was that they possess the B.Ed. Degree in General Education and a diploma course in Special Education therefore, the same be treated equivalent to B.Ed. (Special Education). The said ground of the petitioners was rejected by learned Single Judge at Jaipur Bench relying upon an earlier judgment passed in the case of Sarita Sharma Vs. State of Rajasthan & Others (S.B. Civil Writ Petition No.20022/2012) decided on 22.02.2013.
7. On the other hand, the writ petitions filed at Principal Seat at Jodhpur were allowed relying upon an earlier judgment of this Court in the case of Pritam Kumar Tak Vs. State of Rajasthan & others (S.B. Civil Writ Petition No.14481/2012) decided on 26.08.2014. Both the judgments as passed in the cases of Sarita Sharma as well as Pritam Kumar Tak were affirmed by the Division Bench. Therefore, the appellants in the special appeals filed by the petitioners submitted that the ratio as laid down in Pritam Kumar Tak’s case should be followed whereas the appellants in the special appeals filed by the State as well as the private respondents submitted that the ratio as laid down in Sarita Sharma’s case should be followed.
8. Before adverting into the issue in question, it would be relevant to note the essential qualification as prescribed in the advertisement for the post of Teacher Gr.III Level II (Special Education). The qualification as prescribed for the Teachers (Special Education) was as under :
Graduation with at least 50% marks and 1-year Bachelor in Education (B.Ed.) (Special Education)
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The NCTE is the only authority authorized to prescribe qualifications for teachers, and its prescribed qualifications must be followed by the State.
The court established that qualifications recognized by the RCI and NCTE must be honored in recruitment processes for special education teachers, as per the Supreme Court's directives.
Higher qualification like B.Ed. (Special Education) not equivalent to prescribed 2-year Diploma unless expressly declared; eligibility strictly per Recruitment Rules as on cut-off date; courts cannot....
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