The appointment of teachers without the minimum essential qualifications prescribed by law is illegal and cannot be regularized.

Rajiv Sharma, J.

1. Petitioners have undertaken Junior Basic Teacher training from Government DIETs in the academic Session 2008-2010. Case of the petitioners, in a nutshell, is that the respondent-State has appointed Primary Assistant Teachers against the post(s) of JBTs. According to the petitioners, the persons, who were appointed as Primary Assistant Teachers, even do not possess the minimum essential qualification of JBT. According to the petitioners, there are about 1461 candidates, who have undertaken JBT training from DIETs and 800 candidates have undertaken their JBT training from private institutions affiliated to the Himachal Pradesh Board of Education.

2. Case of the respondent-State is that the Primary Assistant Teachers were appointed, since the eligible/qualified candidates were not ready and willing to serve in tribal/hard areas. Further case of the respondent-State is that the Primary Assistant Teachers are serving for the last 8-9 years and if they are disengaged, it would result in social disorder and they can also not to be kept as temporary teachers for an indefinite period, which according to the State, would amount to exploitation.

3. The respondent No. 3 has also filed reply. According to respondent No. 3, there are about 3482 teachers appointed under ‘The Himachal Pradesh Prathmic Sahayak Adhyapak/Primary Assistant Teacher (PAT) Scheme 2003’. The State Government has also regularized 1400 teachers appointed in the year 2001 under the ‘The Himachal Pradesh Gram Vidya Upasak Yojna 2001’. It is also averred that the petition is premature. According to respondent No. 3, the petitioners have qualified their JBT courses in the year 2011 and have no legitimate right to be appointed against these posts. The recruitment of JBT teachers is governed under the rules called the Himachal Pradesh, Primary Education Department, Junior Basic Trained Teacher, Class-III (Non-Gazetted) Recruitment and Promotion Rules, 2000. These Rules were notified on 22nd August, 2000. The total cadre strength of JBT teachers is 31952. The minimum essential qualification for filling up the post of JBT teacher is that the candidate should be 10+2 with 50% marks from a recognized Board of School Education/University and should possess two years JBT certificate course from an Institution duly recognized by the Central/State Govt.

4. The Parliament has enacted an Act called ‘The Right of Children to Free and Compulsory Education Act, 2009’ (hereinafter referred to as ‘the Act’ for short). It was notified on 27th August, 2009. According to Section 23 of the Act, any person possessing such minimum qualifications, as laid down by an academic authority, authorized by the Central Government by notification, shall be eligible for appointment as a teacher. The National Council for Teacher Education has notified the minimum qualifications for teachers for classes I to V on 23.08.2010. According to notification, dated 23rd August, 2010, the minimum qualification for appointment of teachers for classes I to V is Senior Secondary (or its equivalent) with at least 50% marks and 2 years diploma in Elementary Education (by whatever name known) or Senior Secondary (or its equivalent) with at least 45% marks and 2 years diploma in Elementary Education (by whatever name known), in accordance with the NCTE (Recognition Norms and Procedure) Regulations 2002 or Senior Secondary (or its equivalent) with at least 50% marks and 4 years Bachelor of Elementary Education (B.EI.Ed.) or Senior Secondary (or its equivalent) with at least 50% marks and 2 year diploma in Education (Special Education) and the candidate must 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. It is, thus, evident that the candidates, who are to be appointed as JBT teachers, must possess minimum essential qualification prescribed under the Rules notified on 22nd August, 2000 r