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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Sapna Kumari – Appellant
Versus
State of H.P. – Respondent
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.
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.
The judgment clarified the eligibility of B.Ed qualified teachers for primary teaching positions and protected the employment of those appointed before the judgment.
The Supreme Court ruled that B.Ed. is not a valid qualification for primary school teachers, affecting eligibility for appointments made after its decision.
The court ruled that B.Ed. qualifications are insufficient for Teacher appointments in Elementary/Primary Schools, requiring additional credentials per Supreme Court directives.
(1) Elementary education has to be of good quality and not just a ritual or formality – A good teacher is first assurance of quality education in a school.(2) NCTE was not justified in including B.Ed....
The court established that D.El.Ed. is the sole qualification for primary school teachers, invalidating B.Ed. as a qualification and affirming the prospective application of its ruling.
The qualifications set by the National Council for Teacher Education are mandatory, and states cannot unilaterally relax these requirements without approval.
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