The central legal point established in the judgment is the binding nature of qualifications prescribed by the NCTE and the illegality of State Government amendments in contravention of statutory provisions.

JUDGMENT :

Ravindra Maithani, J.

Since common question of law is involved in all these cases, they are decided by this common judgment.

2. The core question, which falls for consideration in these matters is as to whether the State Government is under obligation to act, as per the notification dated 12.11.2014 issued by the National Council for Teacher Education (“the NCTE”), under Section 32 sub Section (2) clause (dd) read with Section 12A of the National Council for Teacher Education Act, 1993 (“the 1993 Act”) or the State Government may frame Rules contrary to the notification issued by the NCTE, prescribing minimum education qualifications for recruitment of teachers in schools.

Special Appeals

FACTS

3. Special Appeal Nos. 105 of 2022 and 78 of 2022 arise from common judgment dated 31.03.2022, passed in Writ Petition (S/S) No. 1211 of 2021, Om Prakash Gaur and another Vs. State of Uttarakhand and another and Writ Petition (S/S) No. 6 of 2022, Suman Lal and others Vs. State of Uttarakhand and others (“the petitions”). In the petitions, the petitioners have sought quashing of the press note dated 12.03.2021 issued by the Uttarakhand Subordinate Service Selection Commission (“Commission”) to the extent it permitted the non-B.Ed. candidates to apply for the post of Assistant Teacher, LT Grade (Arts), pursuant to the advertisement dated 13.10.2022, as also seeking directions that the Commission may be directed to conclude the selection process, as per the advertisement issued by it.

4. It has been the case of the petitioners that the Commission issued an advertisement on 13.10.2021, inviting applications for appointment to the post of Assistant Teacher, LT Grade, including Teachers, LT Grade (Arts). The last date for submission of the application form was 04.12.2020. But, in the midway, on 12.03.2021, the Commission issued a press release permitting the non-B.Ed. candidates also to apply for the post and the time for submission of the application forms was also extended. It is the case of the petitioners that once recruitment process has been initiated, such amendments in the Rules cannot be made.

5. The State as well as the Commission filed objections in the writ petitions.

6. According to the State, the Rules were amended and notified in the Official Gazette on 25.02.2021 by which the eligibility criteria for the post was changed and the requirement of B.Ed. was omitted. As per the Commission, the Rules were amended on 25.02.2021. Therefore, amended qualification was included in the present selection process and pursuant to order dated 15.03.2021 of the Hon’ble Uttarakhand High Court passed in Writ Petition (PIL) No. 33 of 2021, Ravinder Jugran Vs. State and another, the time for submitting application was extended.

7. By the impugned judgment dated 31.03.2022, it was held that the impugned notification is not bad in the eyes of law. It was held that the candidates, who participated in the examination process cannot subsequently claim that the process was unfair; the press release did not take away the eligibility of any candidate from participating in the process; it has not prejudiced their interests; the rights of the petitioners were never crystallised and it cannot be said that equal opportunity was not given to such candidates, who could not apply earlier. The judgment dated 31.03.2022 passed by the learned Single Judge has been impugned in these special appeals.

Writ Petitions

8. In the Writ Petition (S/S) Nos. 213 of 2022 and 671 of 2022, the validity of Uttarakhand Subordinate (Trained Graduate Category) (Amendment) Service Rules, 2021 (“the 2021 Amendment”) has been put to challenge. It is the case of the petitioners that, the 2021 Amendment is not in consonance with the 1993 Act and the National Council for Teacher Education (Determination of Minimum Qualifications For Persons to be Recruited as Education Teachers and Phy