The court upheld the withdrawal of the petitioner's appointment as JBT due to her failure to meet the eligibility criteria established by NCTE notifications.

JUDGMENT :

(Jyotsna Rewal Dua, J.)

Petitioner feels aggrieved against the action of respondents No. 1 to 4 in withdrawing her appointment as Junior Basic Trained Teacher (JBT), hence, this writ petition.

2. Respondents No. 1 to 4 undertook an exercise for filling up the posts of JBT on batch-wise basis. Pursuant to the selection process, petitioner was issued appointment letter as JBT on 08.06.2023. She joined as such on 12.06.2023. Seven days later, i.e. on 19.06.2023, respondents cancelled her appointment on the ground that she does not satisfy the eligibility criteria for appointment to the post of JBT as she did not have required 50% marks in her graduation degree. The decision was communicated to the petitioner on 21.06.2023. Petitioner instituted CWP No. 4098 of 2023, seeking quashing of the orders dated 19.06.2023 and 21.06.2023. The writ petition was disposed of on 12.07.2023 by directing the respondents to consider the case of the petitioner in accordance with notification dated 13.11.2019 and to convey such decision to the petitioner.

In compliance thereto, the respondents considered the case of the petitioner and vide order dated 27.07.2023 (Annexure P-13) rejected the same.

In the foresaid background, petitioner has instituted this writ petition.

3. Heard learned counsel for the parties and considered the case record.

4. Since both the sides have placed reliance upon several notifications issued by the National Council for Teachers Education (NCTE) in exercise of powers conferred under Sub-Section 1 of Section 23 of the Right of Children to Free and Complusory Education Act, 2009, and decisions rendered thereupon, therefore, in order to avoid repetition, the same are being discussed hereinafter: -

4(i) Notification No. 23.08.2010.

Under this notification NCET proscribed minimum qualifications inter alia for Classes I-V as well as Classes VI-VIII. The relevant portion thereof reads as under:-

“1. Minimum Qualifications. -

(i) Classes I-V Senior Secondary (or its equivalent) with at least 50% marks and 2 - year Diploma in Elementary Education (by whatever name known)

OR

Senior Secondary (or its equivalent) with at least 45% marks and 2 - year Diploma in Elementary Education (by whatever name known), in accordance with the NCTE (Recognition Norms and Procedure), Regulations 2002

OR

Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor of Elementary Education (B.El. Ed.).

Senior Secondary (or its equivalent) with at least 50% marks and 2 - year Diploma in Education (Special Education)

AND

(b). Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.

(ii) Classes VI-VII

B.A/B.Sc and 2 - year Diploma in Elementary Education (by whatever name known)

OR

B.A./B.Sc. with at least 50% marks and 1- year Bachelor in Education (B. Ed)"

OR

B.A./B.Sc. with at least 45% marks and 1- year Bachelor in Education (B. Ed), in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time in this regard

OR

Senior Secondary (or its equivalent) with at least 50% marks and 4 year Bachelor in Elementary Education (B.El. Ed)

OR

Senior Secondary (or its equivalent) with at least 50% marks and 4-year BA/B.Sc. Ed or B.A. Ed./BSc. Ed.

OR

B.A./B.Sc. with at least 50% marks and 1 - year B.Ed. (Special Education)

AND

Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.”

Instant case pertains to appointment against the post of JBT (who impart teaching to Classes I-V). Petitioner did not possess two years diploma in Elementary Education, required by the aforesaid notification for becoming eligible for the post of JBT. She was, thus, not eligible for the post of JBT under this notification. There is no dispute amongst the parties that the petitioner was not eligible for the post of JBT under the aforesaid notification.

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