IMPORTANT POINT
The court established that qualifications recognized by the NCTE must be considered valid for teacher appointments, regardless of specific state rules.

JUDGMENT :

Pankaj Purohit, J.

Urgency Application Nos.04 of 2024, 04 of 2024 is allowed.

2. In the present writ petition, petitioners have prayed for issuance of writ order in the nature of mandamus directing the respondents to consider the candidature of the petitioners for appointment on the post of Assistant Teacher in Govt. Primary School pursuant to the advertisement issued by the Appointing Authority for making appointment on the post of Assistant Teacher Govt. Primary School on the basis of D.Ed. (Diploma in Education) obtained by the petitioners.

3. The facts in the nutshell are that the petitioners had passed their Secondary School Examination and Senior Secondary School Examination from National Institute of Open Schooling and thereafter, petitioner no.1 pursued B.A. (Bachlors of Arts) from University of Delhi; petitioner no.2 pursued B.A. (Bachlors of Arts) from Shri Dev Suman University Uttarakhand; petitioner no.3 petitioner has completed her graduation from University of Delhi and petitioner no.4 has completed her graduation from University of Delhi. The petitioner appeared and successfully completed the course of Diploma in Education (Two years Course) from Board of Secondary Education, Madhya Pradesh, Bhopal.

4. According to the petitioners, in the year 2020, the posts of Assistant Teacher in Government Primary Schools of Uttarakhand were advertised for 10 districts in the State of Uttarakhand, pursuant to which, the petitioners applied.

5. In pursuance of the aforesaid advertisement, to fill up the post of Assistant Teacher through direct recruitment, a third waiting list for counseling of selected candidates was issued, in which the petitioner participated on 11.04.2022. After counseling, 13 candidates were issued the appointment letters, but, the petitioners were denied for the same.

6. On enquiry, it came to the notice of the petitioners that their candidature have been rejected on the ground that they possessed two years’ Diploma in Education (D.Ed.), however, the said qualification possessed by the petitioners, is not mentioned to be the minimum qualification for appointment in the Uttarakhand Government Elementary Education (Teacher) Service Rules, 2012. The notification issued by the National Council for Teacher Education (N.C.T.E.) dated 23.08.2010 prescribing minimum qualification for Elementary Teachers for Class I to V is quoted herein below :

“(a) Senior Secondary (or equivalent) with atleast 50% marks and two years Diploma in Elementary Education (by whatever name known). OR Senior Secondary (or its equivalent) with atleast 45% marks and two years Diploma in Elementary Education (by whatever name known) in accordance with the NCTE (recognition norms and procedure) Regulation, 2002. OR Senior Secondary (or its equivalent) with atleast 50% marks and four years Bachelor of Elementary Education (B.Ed.). OR Senior Secondary (or its equivalent) with atleast 50% marks and two years Diploma in Elementary Education (Special Education). AND Pass in the Teachers Eligibility Test (TET) to be conducted by appropriate Government in accordance with the guidelines framed by NCTE for the purpose.”

7. It is not in dispute that the institute from where the present petitioners have pursued their 2-years Diploma Course in Education is recognized by the N.C.T.E. or not.

8. Section 23(1) of the Right of Children to Free and Compulsory Education Act, 2009 lays down the manner and qualification for appointment and terms and conditions of service of the teachers. The said Section 23 (1) of the Act 2009 prescribes that any person possessing such minimum qualification, as laid down by an “academic authority”, authorized by the Central Government by notification, shall be eligible for appointment as a Teacher. It is worth to mention at this stage that National Council for Teacher Education (N.C.T.E.) has released a Regulation by superseding the N.C.T.E. Regulation, 2009 published on 28.11.2014 with a Regulation by appendix-1. As per th