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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9574 of 2020 ======================================================
Arun Kumar Singh, S/o Ajay Singh, resident of Village and P.O.- Sowan, P.S.-
Krishabrahm, District – Buxar.
... ... Petitioner/s Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Euducation Department, Govt. of Bihar, Patna. 3. The Director (Primary Education), Education Department, Bihar, Patna.
4. The Chairman, Bihar School Examination Board, Patna. 5. The Secretary, Bihar School Examination Board, Patna.
6. The Director, National Council for Teachers Education, New Delhi.
7. Vishal Gaurav Son of Sanjay Prasad Resident of Village- Sathopur, Police Station- Deep Nagar, District- Nalanda.
8. Rahul Kumar Jha Son of Lalit Kumar Jha Resident of Village- Baghant, Police Station- Manigachhi, District- Darbhanga.
9. Amit Kumar Son of Dinesh Prasad Resident of Village- Indwas, Police Station- Rahui, District- Nalanda.
10. Md. Shamsuzzama Son of Md. Abuzaffar Badiuzzama Resident of Village-
Mahpatia, Police Station- Bheja, District- Madhubani.
11. Chhotu Singh Son of Gajadhar Singh Resident of Village- Purhara, Police Station- Haspura, District- Aurangabad.
12. Sunil Kumar Yadav Son of Mahendra Yadav Resident of Village- Pariharpur, Police Station- Raj Nagar, District- Madhubani.
13. Deepak Kumar Dinkar Son of Ramakant Singh Resident of New Area Goh, P.S. Goh, District- Aurangabad.
14. Badal Kumar Son of Ranjeet Prasad Gupta Resident of Damodarpur, P.O.
Damodarpur, District- Muzaffarpur.
15. Neha Bishwas Daughter of Satya Narayan Bishwas Resident of Near Purnea College Chock, Jai Prakash Nagar, District- Patna.
16. Deepak Kumar Son of Lalbabu Thakur Resident of Mohabbatpur, District-
Muzaffarpur.
17. Kriti Lala Daughter of Sikandar Prasad Yadav Resident of Laxmaniya, Kanp, District- Saharsa.
18. Indralok Kumar Son of Ramnivash Sharma Resident of Ahiai, Baikunthpur, District- Vaishali.
19. Sudhir Kumar Mishra Son of Nand Kishore Mishra Resident of Ward No.05, Gokhula, District- West Champaran.
... ... Respondent/s ======================================================
with Civil Writ Jurisdiction Case No. 374 of 2020 ======================================================
1. Vikash Kumar S/o Sri Ajit Kumar resident of ward no. 25, Shektoli, P.S.
Samastipur, District- Samastipur.
2. Navneet Kumar S/o Sri Laxmi Prasad resident of Mohalla- Sadpura, Mahamaya Chowk, P.O. Ramna, P.S. Mohammadpur, District- Muzaffarpur.
3. Shyam Kumar Sri Surendra Lal resident of Village and P.O. and P.S.-
Barhiya, Ward No. 13, Neel Kanth Mandir, District- Lakhisarai.
4. Pappu Kumar S/o Sri Meghnath Prasad resident of Village, P.O. and P.S.-
Dhansoi, District- Buxar.
5. Anil Kumar Tiwari S/o Sri Sriniwas Tiwari resident of Village- Bishunpura, P.O.- Bampali, P.S.- Udwantnagar, District- Bhojpur (Ara).
6. Sheel Kumar S/o Sri Anil Kumar resident of Village- Rampur, P.O.-
Jitwarpur Kumhira, P.S.- Sarai Ranjan, District- Samastipur.
7. Amiya Bhushan Kumar S/o Narbdeshwar Pandey resident of Village-
Baradh, P.O. Malour, P.S. Charpokhari, District- Bhojpur.
... ... Petitioner/s Versus
1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.
2. Principal Secretary, Education Department, Government of Bihar, Patna.
3. Director, Elementary Education, Education Department, Government of Bihar, Patna.
4. National Council for Teacher Education through its Chairman, having its Office at Eastern Regional Committee, 15, Neelkantha Nagar, Nayapalli, Bhubneshwar, Odisha.
5. The Union of India
6. The Central Board of Secondary Education ... ... Respondent/s ======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 9574 of 2020)
For the Petitioner : Mr. Rajendra Narayan, Sr. Advocate with Mr. Maya Shankar Mishra, Advocate Mr. Ashwani Kumar Tiwary, Advocate For the State : Mr. P. K. Shahi, Advocate General with Ms. Binita Singh, SC-28 For the Intervenors : Mr. Mrigank Mauli, Sr. Advocate Mr. Prince Kumar Mishra, Advocate For the Intervenors : Mr. Pushkar Narayan Shahi, Sr. Advocate with Mr. Mukesh Kumar Thakur, Advocate For the B.S.E.B. : Mr. Gyan Shankar, Advocate For the N.C.T.E. : Mr. Sunil Kumar Singh, Advocate (In Civil Writ Jurisdiction Case No. 374 of 2020)
For the Petitioners : Mr. Ankit Katriyar, Advocate For the State : Ms. Binita Singh, SC-28 For the N.C.T.E. : Mr. Sunil Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD
CAV JUDGMENT
(Per: HONOURABLE MR. JUSTICE MADHURESH PRASAD)
Date : 05-07-2023
1. Heard learned counsels for the parties.
2. The petitioners are aggrieved by the minimum qualification clause contained in the Bihar Panchayat Primary Teacher (Employment and Service Condition) Rule as also Bihar Nagar Primary Teacher (Employment and Service Condition) Rule, 2012. Their grievance is with respect to specific prescription contained in these two rules at Clause 5 (i) (kha) insofar as it declares the Teacher Eligibility Test conducted by the Central Government as also by the State Government, both to be one of the essential minimum qualifications.
3. The said requisite essential qualification has been reiterated subsequently in Clause 5 (i) (kha) of the Bihar Panchayat Elementary Education Service (Appointment, Promotion, Transfer, Disciplinary Proceedings and Conditions) Rule, 2020 and Clause 5 (i) (kha) of the Bihar Municipal Elementary School Service (Appointment, Promotion, Transfer, Disciplinary Proceeding and Service Conditions) Rules, 2020 The impugned provision in the above noted three rules are identical, and hereinafter for the sake of brevity referred to as “the impugned provision in the Rules”.
4. The impugned provision in the Rules, insofar as passing of Teacher’s Eligibility Test conducted by the Central Government, namely, Central Teacher Eligibility Test (CTET) has been held to be a valid minimum qualification, has been assailed.
5. For the sake of easy reference, Clause 5(i)(kha) in the impugned provision in the Rules is being quoted, which reads as follows:-
“ 5.(i)(ख) कक न््ቖ अथववा बबिहवार रवाज्य सरकवार दवारवा आययोबजित "
बशि्ቌक पवा्ቔतवा पररीछवा " (टरी.ई.टरी.) मेሰ उतरीर्ቓ । ”
6. The petitioners seek issuance of directions to treat only the Teachers Eligibility Test (TET) conducted by the State of Bihar, exclusively to be the minimum eligibility criteria. 7. It is submitted by Mr. Rajendra Narayan, learned senior counsel for the petitioner in C.W.J.C. No. 9574 of 2020, that Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (hereinafter referred as “RTE”) specifies the qualification for appointment of teachers. As per Section 23 (1) of the RTE, the requirement is of possessing the minimum qualifications laid down by the Academic Authority, authorized by the Central Government by a notification. The Academic Authority has been specified as the National Council for Teacher Education (“NCTE” for brevity), vide notification dated
31.03.2010.
8. The NCTE thereafter has issued notification dated
23.08.2010 wherein one of the essential minimum qualifications is passing of TET conducted by the appropriate Government. Relevant extract of the notification dated 23.08.2010 reads as follows:-
“(b) Pass in the Teacher Eligibility Test (TET) to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.”
9. This requirement of passing TET to be conducted by the appropriate Government did not undergo any change in spite of notifications subsequently issued by the NCTE on
29.07.2011 and 28.06.2018
10. The term “appropriate Government” has been defined in Section 2 (a) of the RTE, which reads as follows:-
“2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “appropriate Government” means—
(i) in relation to a school established, owned or controlled by the Central Government, or the administrator of the Union territory, having no Legislature, the Central Government;
(ii) in relation to a school, other than the school referred to in sub-clause (i), established within the territory of— (A) a State, the State Government;
(B) a Union territory having Legislature, the Government of that Union territory;”
11. Guidelines as contemplated under the notification dated 23.08.2010 were subsequently issued by the NCTE under its communication dated 11.02.2011 to all the State Governments and Union Territories. These guidelines also contemplate passing of TET conducted b
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