IMPORTANT POINT
The court established that qualifications recognized by the NCTE are sufficient for teacher appointments, regardless of specific nomenclature in state rules.

JUDGMENT :

Pankaj Purohit, J.

Since common question of law is involved in both the writ petitions, hence, the same are taken up and decided by this common judgment. For the sake of relevance, the facts of WPSS No.877 of 2022 are taken into consideration.

2. In both the writ petitions, petitioners have prayed for issuance of writ order in the nature of mandamus directing the respondents to consider the appointment of the petitioners according to the counseling dated 11.04.2022 of the selected candidates enlisted in the third waiting list, in which the control numbers of the petitioners were 022247 and 026792 respectively, for the post of Assistant Teacher (Primary School).

3. The facts in the nutshell are that the petitioner had passed her Secondary School Examination and Senior Secondary School Examination from National Institute of Open Schooling and thereafter, she pursued B.A. (Bachelor of Arts) from Bharati Vidyapeeth Deemed University, Pune. The petitioner appeared and qualified the course of Diploma in Education (Two years Course) from Board of Secondary Education, Madhya Pradesh, Bhopal and subsequently, she qualified Uttarakhand Teachers Eligibility Test (UTET) in 2018 from Board of School Education, Uttarakhand, Ramnagar.

4. According to the petitioner, 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 petitioner 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 petitioner was denied for the same.

6. On enquiry, it came to the notice of the petitioner that her candidature has been rejected on the ground that she possessed two years’ Diploma in Education (D.Ed.), however, the said qualification possessed by the petitioner, 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 the above Regu