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MANOJ KUMAR TIWARI, VIVEK BHARTI SHARMA
Neetu Pathak – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
MANOJ KUMAR TIWARI, J.
1. Since common questions of law and fact are involved in these writ petitions, therefore are being taken up together and are being decided by this common judgment. However, for the sake of brevity, facts of Writ Petition (S/S) No. 574 of 2019 alone are being considered.
2. Petitioners possess B.Ed. qualification from different universities established by law. According to them, they are eligible for appointment as Assistant Teacher in Government Primary Schools run by State of Uttarakhand; however, their eligibility for appointment has been taken away by Rule 9 Column-2 of Uttarakhand Government Elementary Education School (Teachers) Service Rules, 2012, as amended in 2018. By Rule 9 Column-2, as amended in 2018, a condition was added in the Rules that, anyone who has scored less than 50% marks in graduation would not be eligible for appointment, however, for candidates belonging to Scheduled Castes and Scheduled Tribes community, the minimum qualifying marks in graduation was prescribed as 45%.
3. Petitioners have challenged the said condition on the ground that it is in contravention to notification issued by National Council for Teacher Education o
B.Ed. qualification alone is not sufficient for appointment as a teacher in Elementary/Primary Schools, as established by the judgment of the Hon’ble Supreme Court.
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 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 established that qualifications recognized by the N.C.T.E. are valid for eligibility, even if not explicitly mentioned in state rules.
(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 qualifications recognized by the NCTE must be considered valid for teacher appointments, regardless of specific state rules.
The inclusion of B.Ed. as eligibility for primary level teacher posts is illegal and undermines educational quality, necessitating the prioritization of D.El.Ed qualifications under the Right to Educ....
The qualifications set by the National Council for Teacher Education are mandatory, and states cannot unilaterally relax these requirements without approval.
The court established that qualifications recognized by the NCTE are sufficient for teacher appointments, regardless of specific nomenclature in state rules.
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