Chattisgarh High Court
Ashokanand Patel vs State Of Chhattisgarh on 5 February, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2025:CGHC:6548-DB
AFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 3309 of 2024
1 - Ashokanand Patel S/o Ruplal Patel Aged About 29 Years R/o Village
Ramtek, Post Kanakbira, Tahsil Sarangarh, District Sarangarh-Bilaigarh
Chhattisgarh.
2 - Parmanand Sahu S/o Lt. Manasdas Sahu Aged About 32 Years R/o
Village And Post Surdangar Tahsil Dondi, District Balod Chhattisgarh.
3 - Khelan Ram Prajapati S/o Birbal Prajapati Aged About 34 Years R/o
Village Dhanora, District Bilaspur Chhattisgarh.
4 - Miss Anchal Sahane D/o Chandan Aged About 29 Years R/o Village
Ramkrishna Mission Ashram Ward Muriapara, Ward No. 10 Narayanpur,
District Narayanpur Chhattisgarh.
5 - Mahendra Kumar Patel S/o Lalmani Patel Aged About 28 Years R/o
Village Khairamuda, Dumarpali, District Janjgir Champa Chhattisgarh.
6 - Nishchal Chandrakar S/o Baldau Ram Chandrakar Aged About 29 Years
R/o Village Imlibhatha, Ward No. 02, Mahasamund District Mahasamund
Chhattisgarh.
7 - Pragati Patel S/o Kapleshwar Patel Aged About 28 Years R/o Village
Kukrijharia, Tahsil Kharsia, District Raigarh Chhattisgarh.
8 - Divya Sahu D/o Deepnarayan Sahu Aged About 31 Years R/o Village
Digitally
signed by Pairi, Ward No. 10, House No. 43/2, District Balod Chhattisgarh.
VEDPRAKASH
DEWANGAN
2
9 - Ravindra Kumar Rohan S/o Ramesh Rohani Aged About 30 Years R/o
Village Jhagrakhand Nevsa, District Bilaspur Chhattisgarh.
10 - Madhuri Kaushik D/o Ram Kumar Kaushik Aged About 24 Years R/o
Village And Post Bartori, Bilha, District Bilaspur Chhattisgarh.
11 - Madhu Yadav D/o Nilu Yadav Aged About 30 Years R/o Village Sirgitti,
Ward No. 15, District Bilaspur Chhattisgarh.
12 - Shambhu Kushwaha S/o Balmukund Kushwaha Aged About 33 Years
R/o Village Sitapur, Tahsilpara Shivmandir, District Surguja Chhattisgarh.
13 - Pratiksha Tamrakar S/o Rajendra Tamrakar Aged About 32 Years R/o
Village Dongargarh, Ward No. 21, District Rajnandgaon Chhattisgarh.
14 - Bharat Kumar Sahu S/o Suresh Kumar Sahu Aged About 32 Years R/o
Village Nagri Ward No. 15, District Dhamtari Chhattisgarh.
15 - Ashwani Kumar Yadav S/o Reva Ram Yadav Aged About 36 Years R/o
Village Bhawarmara, P.O. Singhola, District Rajnandgaon Chhattisgarh.
16 - Akansha Sonwani D/o Virendra Sonwani Aged About 33 Years R/o
Village Ward No. 16, Risai Para, Dhamtari District Dhamtari Chhattisgarh.
17 - Upendra Kumar Nayak S/o Jagat Ram Nayak Aged About 33 Years
R/o Village Dhumabhatha, Ward No. 10, District Raigarh Chhattisgarh.
18 - Lobhan Kumar S/o Govind Ram Aged About 34 Years R/o Village
Narayanpur, Sonpur Road, Aashram Ward 11, District Narayanpur
Chhattisgarh.
19 - Haldhar S/o Suresh Aged About 28 Years R/o Village Mohgaon,
Sonpurpara, District Kawardha Chhattisgarh.
... Petitioner(s)
3
versus
1 - State Of Chhattisgarh Through Secretary, Department Of School
Education, Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur, District
Raipur (C.G.)
2 - Director Directorate Of Chhattisgarh Public Instruction Indravati
Bhawan, New Raipur, District Raipur Chhattisgarh.
3 - National Council Of Teacher Education Through Secretary, G-7, Dwarka
Near Metro Station New Delhi 110075
... Respondent(s)
(Cause title taken from Case Information System)
For Petitioners : Mr. Ajay Shrivastava, Advocate
For Respondents/State : Mr. Yashwant Singh Thakur, Addl. A.G.
For Respondent No.3 : Mr. Bhaskar Payashi, Advocate
Hon'ble Shri Ramesh Sinha, Chief Justice
Hon'ble Shri Ravindra Kumar Agrawal, Judge
Order on Board
Per Ramesh Sinha, C.J.
05/02/2025
1. The petitioners have filed the instant petition challenging the
notification dated 05.03.2019, issued by the State Government with
respect to the note appended thereto in Annexure-1, thereby the
required qualification for the post of Teachers (Agriculture/Music/
Tabla) is made not necessary. The present petitioners are aggrieved
with respect to the Entry No. 8 of the subjects given in the Annexure-
1, which is the Agriculture subject, and therefore, the petition and the
relief claimed in the petition is restricted only to the subject of
Agriculture. The petitioners have claimed the following reliefs in their
writ petition :
"(i) That, this Hon'ble Court may kindly be pleased to
held the note regarding exclusion of B.Ed. for Teacher
Agriculture in the Annexure-1 as ultra-vires, in the
interest of justice.
(ii) Any other relief which may be suitable in the facts
and circumstances of the case, may also be granted."
2. The subject matter, in brief, is that the petitioners are graduate in
agricultural science and having B.Ed./D.El.Ed. qualification with TET.
The State Government has notified the Chhattisgarh School
Education Service (Education and Administrative Cadre)
Recruitment and Promotion Rules, 2019 (in short 'Rules of 2019').
In the said rules, the minimum qualification was fixed for appointment
on the post of Assistant Teacher and Teacher in various subjects,
which has been given in Annexure-1 of the Rules of 2019. As per
Annexure-1 of Rules of 2019, for the post of Teacher, the B.Ed.
degree is compulsory requirement, but for the Teacher (Agriculture),
the requirement of B.Ed. degree is excluded as per the note
appended in Annexure-1 of the Rules of 2019. It is further appended
in the said note that those Teachers would be appointed in Higher
Secondary Schools. As per the instructions issued by National
Council of Teacher Education (in short 'NCTE') dated 12.11.2017, for
becoming a Teacher of Middle/High School (class 9 th and 10th), the
candidate should possess B.Ed. degree and it has been mentioned
in the notification that if any relaxation is required, then the State
Government will send the proposal to the NCTE and then the NCTE
will take the final decision regarding relaxation to be given or not. By
the said rules of 2019 and Annexure-1, the untrained Teacher of
having graduation in Agricultural Science will be selected and the
trained Teacher having B.Ed. qualification may be deprived from
selection, which is unconstitutional, arbitrary and discriminatory and
further it amounts to the teaching by an untrained teacher.
Considering the above facts, the NCTE has fixed the requirement of
B.Ed. qualification, therefore, the validity of the impugned part of the
notification dated 05.03.2019 is challenged by the petitioners.
3. Learned counsel for the petitioners would submit that for the post of
Teacher, the B.Ed. degree is compulsory, but for Teacher
(Agriculture), the B.Ed. degree is not the necessary requirement and
the same is excluded by a note appended in Annexure-1 of Rules of
2019. As per the notification of NCTE Instruction dated 12.11.2017,
for the Teacher of Middle/High School, B.Ed. degree is compulsory
and if the State Government wants to relax the requirement of B.Ed.
degree for any subject, he should send the proposal to the NCTE
and then NCTE will take decision on the same, but the State
Government on its own cannot take a decision to delete the
necessary requirement of the B.Ed. degree. The petitioners are
graduate in Agricultural Science having B.Ed./D.El.Ed. qualification
with TET. He would further submit that in a similar matter in the State
of Uttar Pradesh, the State Government have relaxed the requisite
qualification of B.Ed. from Arts subject, but the High Court of
Uttarakhand have struck down the said notification of the State of
Uttarakhand, in the matter of Pushpa v. State of Uttarakhand and
others, judgement dated 15.05.2023, passed in Special Appeal No.
78 of 2022 and a batch of other connected matters and the same has
been upheld by the Hon'ble Supreme Court, in Special Leave to
Appeal (C) No. 19348-19349/2023 (Suman Lal and others v. State
of Uttarakhand and others) vide order dated 18.09.2023.
******* He would also submit that in the similar situation arises in the
State of Madhya Pradesh and Rajasthan also and the government
has advertised the post of Teachers (Agriculture), in which B.Ed.
degree is made compulsory. Therefore, the relaxation part of the
Annexure-1 of Rules of 2019 may be held to be ultra-vires and be
struck down.
4. On the other hand, learned counsel for the State opposes and have
submitted that in the State of Chhattisgarh, there are limited number
of schools, where subject of agriculture was being taught and as a
result of the same only few posts were sanctioned for agriculture,
teacher. At that point of time, the teachers, who were graduate in
agriculture subject were appointed for imparting the subject of
agriculture in Higher Secondary Schools. Therefore, in Annexure-1 of
the Rules of 2019, for Teachers (Agriculture) the necessary
requirement of B.Ed degree is excluded. However, he does not
dispute that the State is under obligation to follow the instructions
issued by the Central Government in the form of NCTE and the
government will certainly take measures to do the same as and when
eventuality arises.
5. We have heard learned counsel for the parties and perused the
document annexed by the parties in the petition.
6. The core question, arises for consideration in the present case is, as
to whether the State Government is under obligation to act as per the
notification dated 12.11.2014 issued by the NCTE under Section 32,
sub-section 2 clause (dd) read with Section 12-A of the National
Council for Teacher Education Act, 1993 (in short 'the Act of 1993') or
the State Government may frame rules contrary to the notification
issued by the NCTE, prescribing minimum educational qualification
for recruitment of teachers in the school.
7. The identical issue came up for consideration before this Court in
WPS No. 2358 of 2024 (Shravan Kumar Pradhan and others v.
Union of India and others) which has been decided by this Court by
order dated 26.07.2024, in which it has been held by this Court that
the essential qualification prescribed under the regulation of 2014
framed by NCTE would prevail over the Rules of 2019. In Para 36 of
the order passed in Shravan Kumar Pradhan's case (supra), this
Court has held that:
"36. The Hon'ble Supreme Court in Yogesh Kumar v.
Government of NCTE, Delhi, (2003) 3 SCC 548 held
that though B.Ed is a well recognized qualification in
the field of teaching, yet it is a training which equips a
candidate to teach higher classes, not classes of
primary level. The NCTE Act 1993 and NCTE
Regulations of 2014 are in binding nature to the State
while framing the Rules and it should not be
inconsistent between two legislature and the State
ought to have framed and fixed the minimum
qualification in consonance with the regulations of
the NCTE. The NCTE Act of 1993 and Regulations
2014 will prevail over the State rules of 2019 as
provided under Article 254 of the constitution of
India."
8. The similar situation was also arises in the State of Uttarakhand,
whereby by way of a notification dated 25.02.2021, the State of
Uttarakhand had changed the eligibility criteria for recruitment on the
post of teachers and the necessary qualification of B.Ed was omitted.
When the matter came up for consideration before the Uttarakhand
High Court in Special Appeal No. 78 of 2022 (Pushpa v. State of
Uttarakhand and others) and other batch of matters, vide order dated
15.05.2023, the Uttarakhand High Court struck down the said part of
the notification dated 25.02.2021 by holding that:
"29. The core question which falls for consideration in
the instant matter has already been answered by the
Hon'ble Supreme Court in the case of State of Uttar
Pradesh and others Vs. Shiv Kumar Pathak and
others, (2018) 12 SCC 595, wherein the Hon'ble
Supreme Court held that the qualifications prescribed
by the NCTE are binding. In para 17 of the judgment,
the Hon'ble Supreme Court observed as hereunder:-
"17. There is no manner of doubt that NCTE,
acting, as an "academic authority" under Section
23 of the RTE Act, under the Notification dated
31-3-2010 issued by the Central Government as
well as under Sections 12 and 12-A of the NCTE
Act, was competent to issue Notifications dated
23-8-2010 and 11-2-2011. The State Government
was under obligation to act as per the said
notifications and not to give effect to any
contrary rule................................................. "
30. In the instant case, after promulgation of 2014
Regulations, the State of Uttarakhand had amended
the State Service Rules, 2014 on 23.12.2019. Uptil that
stage, the State had acted as per statutory mandate.
The minimum qualifications for a Teacher were
prescribed as per the NCTE notifications. But
thereafter, the amendments which were made on
25.02.2021 are in contravention to the minimum
educational qualifications prescribed by the NCTE
Regulations, 2014. Therefore, this amendment is
illegal and it deserves to be struck down.
32. In view of the foregoing discussions, this Court is
of the view that the Amendments which were made on
25.02.2021, in the State Service Rules, 2014 are liable
to be struck down being in contravention to the
minimum educational qualifications prescribed by the
NCTE Regulations, 2014. Accordingly, Special Appeals
and the writ petitions deserve to be allowed.
34. The amendments carried out on 25.02.2021 in the
State Service Rules, 2014 are struck down being in
contravention to the minimum educational
qualifications prescribed by the NCTE Regulations,
2014."
9. The petitioners Suman Lal and other in Special Appeal No. 105/2022,
which was one of the petitions tagged and decided with Special
Appeal No. 78/2022 (Pushpa v. State of Uttarakhand and others)
have challenged the order dated 15.05.2023 before the Hon'ble
Supreme Court by filing the SLP(C) No. 19348-19349/2023, (Suman
Lal and others v. State of Uttarakhand and others), which was
came up for hearing on 18.09.2023 and after hearing the parties, the
SLP(C) has been disposed off and the order passed by Uttarakhand
High Court was affirmed. The similar matter of Agriculture subject
was also came up for consideration before the Rajasthan High Court
in the matter of Dinesh Jakhar and others v. State of Rajasthan
and others) and connected batch of petitions, in S.B. Civil Writ No.
7496 of 2018, decided on 24.01.2019 and in the Madhya Pradesh
High Court, in the matter of the Professional Examination Board v.
Vikas Raghuvanshi and others, Writ Appeal No. 1342 of 2018 and
other connected matter, decided on 28.09.2018, have taken a similar
view that the essential eligibility criteria fixed by the NCTE should
prevail over the criteria fixed by the State Government.
10. The National Council for Teacher Education Act, 1993 has been
enacted by the Parliament to achieve planned and coordinated
development of the teacher education system throughout the country
and the Act of 1993 has been amended time to time, and in the year
2012, the clause (c) and (d) of sub-section 4 of section 1 of the Act of
1993 has been amended as; (c) Schools imparting pre-primary,
primary, upper primary, secondary or senior secondary education
and colleges providing senior secondary or intermediate education
irrespective of the fact, by whatever names they may be called; and
(d) Teachers for schools and colleges referred to in clause (c). The
school has been defined in sub-clause (a) of section 3 of the Act of
1993, which provides that the school means any recognised school
imparting pre-primary, primary, upper primary, secondary or senior
secondary education and colleges providing senior secondary or
intermediate education and includes a school established from
owned and controlled by the Central Government or the State
Government or a local authority. Section 12 of the Act of 1993
provides for functions of the council which empowers to the duty of
the council to take all such steps as it may think fit for ensuring
planned and coordinated development of teacher education and
section 12(d) lay down the guidelines in respect of minimum
qualifications for a person to be employed as a teacher in recognised
institutions.
11. Section 12-A of the Act of 1993 has been inserted by the amendment
with effect from 01.06.2012, which empowers the council to
determine minimum standards of education of school teachers, which
is as under:
[12A. Power of Council to determine minimum
standards of education of school teachers.- For the
purpose of maintaining standards of education in
schools, the Council may, the qualifications of
persons for being recruited as by regulations,
determine teachers in any pre-primary, primary, upper
primary, secondary, senior secondary or intermediate
school or college, by whatever name called,
established, run, aided or recognised by the Central
Government or a State Government or a local or other
authority:
Provided that nothing in this section shall adversely
affect the continuance of any person recruited in any
pre-primary, primary, upper primary, secondary,
senior secondary or intermediate schools or colleges,
under any rule, regulation or order made by the
Central Government, a State Government, a local or
other authority, immediately before the
commencement of the National Council for Teacher
Education(Amendment) Act, 2011 (18 of 2011)
solelyon the ground of non-fulfilment of such
qualifications as may be specified by the Council:
Provided further that the minimum qualifications of a
teacher referred to in the first proviso shall be
acquired within the period specified in this Act or
under the Right of Children to Free and Compulsory
Education Act, 2009 (35 of 2009).)
12. Section 32 of the Act of 1993 gives power to the council to make
regulations, which will not be inconsistent with the provisions of the
Act of 1993. Section 32 of the Act of 1993 reads as under:
"32. Power to make regulations. (1) The Council may,
by notification in the Official Gazette, make
regulations not inconsistent with the provisions of
this Act and the rules made thereunder, generally to
carry out the provisions of this Act.
(2) In particular, and without prejudice to the
generality of the foregoing power, such
regulations may provide for all or any of the
following matters, namely:-
(a) the time and the place of the meetings
of the Council and the procedure for
conducting business thereat under sub-
section (1) of section 7;
(b) the manner in which and the purposes
for which persons may be co-opted by the
Council under sub-section (i) of section 9;
(c) the appointment and terms and
conditions of service of officers and other
employees of the Council under sub-
sections (1) and (2) respectively of section
10,
(d) the norms, guidelines and standards in
respect of-
(i) the minimum qualifications for a
person to be employed as a teacher
under clause (d) of section 12;
(ii) the specified category of courses
or training in teacher education
under clause (e) of section 12;
(iii) starting of new courses or
training in recognised institutions
under clause (1) of section 12;
(iv) standards in respect of
examinations leading 10 teacher
education qualifications referred to in
clause (g) of section 12:
(v) the tuition fees and other fees
chargeable by institutions under
clause (h) of section 12:
(vi) the schemes for various levels of
teacher education, and identification
of institutions for offering teacher
development programmes under
clause (1) of section 12:
(dd) the qualifications of teachers under
section 12A:]
13. The council by exercising the powers conferred under section 12-A
and section 32 of the Act of 1993 frames the regulation for
determination of the minimum qualification for the teachers in the
aforesaid schools by whatever name called, established, run, added
or recognised by the Central Government or the State Government
or of a local authority. The regulations is framed in the name of "The
National Council for Teachers Education (Determination of minimum
qualification for persons to be recruited as education teachers and
physical education teachers in pre-primary, primary, upper primary,
secondary, senior secondary or intermediate schools or colleges)
Regulations 2014.
14. The regulation 4 of the Regulations 2014 provides for fixation of
minimum qualification for direct recruitment as well as for the
promotion. The clause (b) of regulation 4 of the Regulations 2014
provides the minimum qualification for promotion of the teachers. The
minimum qualifications for promotion of the teachers specified in the
first and second schedules, which are applicable for one level to the
next level and the relevant part of the first schedule is as under:
First Schedule
(See Sub-regulation (2) of Regulation (4))
The National Council for Teacher Education (Determination of Minimum
Qualifications for Persons to be recruited as Education Teachers in Pre-
Primary, Primary, Upper Primary, Secondary, Senior Secondary or
Intermediate Schools or Colleges) Regulations, 2014.
Level Minimum Academic and Professional
Qualifications
4. Secondary/High School (For (a) Graduate /Post Graduate from
Classes IX-X) recognized University with at least 50%
marks in either Graduation or Post
Graduation (or its equivalent) and
Bachelor of Education (B.Ed.) from
National Council for Teacher Education
recognized institution.
or
(b) Graduate/ Post Graduate from
recognized University with at least 45%
marks in either Graduation or Post
Graduation (or its equivalent) and
Bachelor of Education (B.Ed.) from
National Council for Teacher Education
recognized institution (in accordance
with the National Council for Teacher
Education (From of application for
recognition, the time limit of submission
of application, determination of norms
and standards for re recognition of
teacher education programmes and
permission to start new course or
training) Regulation, 2002 notified on
13.11.2002 and National Council for
Teacher Education (Recognition Norms
and Procedure) Regulations, 2007
notified on 10.12.2007)
or
(c) 4- years degree of B.A.Ed./ B.Sc. Ed.
from any National Council for Teacher
Education recognized institution.
5. Senior Secondary/ (a) Post Graduate with at least 50%
Intermediate (For Classes XI-XII) marks (or its equivalent) from
recognized University and Bachelor of
Education (B.Ed.) from National Council
for Teacher Education recognized
institution.
or
(b) Post Graduate with at least 45%
marks (or its equivalent) from
recognized University and Bachelor of
Education (B.Ed.) from National Council
for Teacher Education recognized
institution (in accordance with the
National Council for Teacher Education
(From of application for recognition, the
time limit of submission of application,
determination of norms and standards
for re recognition of teacher education
programmes and permission to start
new course or training) Regulation, 2002
notified on 13.11.2002 and National
Council for Teacher Education
(Recognition Norms and Procedure)
Regulations, 2007 notified on
10.12.2007)
or
(c) Post Graduate with at least 50%
marks (or its equivalent) from
recognized University and
B.A..Ed./B.Sc.Ed. from any NCTE
recognized institution.
15. From bare perusal of the aforesaid provisions, it is very clear that the
minimum qualification for the post of Level 4 and 5 is graduate/post
graduate from recognized university with at least 50% marks in either
graduation or post graduation (or its equivalent) and B.Ed from
National Council of Teacher Education recognized institution. In the
year 2021, the NCTE has amended its Regulation 2014 partially and
now the requirement of 50% marks in either graduation or post
graduation has been enhanced to 55%, but the State has not made
any amendment in its rules. The minimum qualification for the post of
Level 4 and 5, the B.Ed is mandatory and one of the minimum
qualification, which cannot be relaxed by the State Government while
giving promotion.
16. The State Government, in exercise of powers conferred by the
proviso to Article 309 of the Constitution of India, has made the
Chhattisgarh School Education Service (Educational and
Administrative Cadre) Recruitment and Promotion Rules, 2019,
which came into force from 05.03.2019. The Annexure-1 appended
to the Rules of 2019, which prescribes the minimum qualification for
the Assistant Teachers and Teachers. For the Teachers, as per
Annexure-1 of the Rules of 2019, the following qualifications are
necessary:
(ii) Teacher
(a) Graduation and 2 Year Diploma in Elementary
Education (by what ever name known)
OR
Graduation with at least 50% marks and 1 Year
Bachelor in Eduction (B.Ed.)
OR
Graduation with at least 45% marks and 1-year
Bachelor in Eduction (B.Ed.), in accordance with the
NCTE (Recognition, Norms and Procedure)
Regulations issued from time to time in this regard.
OR
Higher Secondary or its equivalent with at least 50%
marks and 4 years B.A./B.Sc.Ed. or B.A.Ed./B.Sc. Ed.
OR
Graduation with at least 50% marks and 1 year B.Ed.
(Special Education)
And
(b) Pass in the Teacher Eligibility Test (TET), to be
conducted by the appropriate Government in
accordance with he Guidelines framed by the NCTE
for the purpose.
17. The subjects of bachelor's degree has also been provided in the form
of a list and the Entry No. 8 of the said list provided with Agriculture
subject. Immediately below the said list of the subjects, a note has
been appended, by which the requirement of B.Ed., D.Ed. and T.E.T.
is exempted, which is as under :
"Note:- The teachers of the subject mentioned in serial
numbers 8 to 10 shall be appointed in higher
secondary schools, for them B.Ed./D.Ed. and TET
qualification will not be necessary.
18. In the notification dated 12.11.2014 issued by the NCTE, the
minimum qualification for recruitment on the post of teachers in
secondary, senior secondary or intermediate schools, the following
have been prescribed, which has been mentioned in the preceding
para.
19. Clause 5 of the said notification provides the power to relax, and
according to which, the State Government is required to send a
reference to the NCTE, warranting relaxation in the provisions of the
said notification/regulation, which is as under :
"5. Power to relax
Where the Council is satisfied on receipt of reference
from the concerned State Government that special
circumstances exist warranting relaxation of some of
the provisions of the Regulations, it may grant
relaxation of that provision to such extent, for such
time period and subject to such conditions and
limitations as it may consider necessary, in a just and
equitable manner,
Provided, that no relaxation, shall be granted under
these Regulations with regard to the minimum
qualifications for appointment of teachers for Level 3
(Class I to VIII) as specified in the First Schedule."
20. When the minimum qualification for the post of Teacher in secondary/
high school for class 9th and 10th and senior secondary/intermediate
for class 11th and 12th, when the B.Ed. degree is the necessary
qualification, the State Government cannot relax the requirement of
such qualification on its own without there being approval or
relaxation granted by the NCTE.
21. In the matter of Devesh Sharma v. Union of India, 2023 SCC
Online SC 985, the Hon'ble Supreme Court has held in Para 38 to 45
that :
"38. It is therefore clear that a B.Ed. course is not
designed for teaching at primary level.
39. Moreover, the inclusion of B.Ed. candidates for
primary classes is in the teeth of several decisions of
this Court, as this Court has consistently held that
Diploma in elementary education (D.El.Ed.) and not
B.Ed., is the proper qualification in Primary Schools.
40. In Dilip Kumar Ghosh v. Chairman, this Court had
to decide on the question whether B.Ed degree
candidate can be equated with a candidate who holds
training in Primary School teaching or in other words
who is trained specifically for Primary Schools. The
Contention of the appellants (in the aforesaid case)
who were B.Ed. candidates was that, their course
(B.Ed.), equips them to teach Primary Classes. Their
contention was rejected by this Court. In Para 9, it
stated as under:
"In B.Ed. curriculum such subjects like child
psychology are not found. On the other hand,
the curriculum is of a generic nature and deals
with subjects like the principle of educational-
curriculum studies, educational psychology,
development of education in modern India,
social organization and instructional methods,
etc."
41. Then again in Para 10 it was stated as under:
...For teaching in the primary school, therefore,
one must know the child psychology and
development of a child at a tender age. As
already noticed, the candidates like the
appellants who are trained in B.Ed. degree are
not necessarily to be equipped to teach the
students of primary class. They are not trained
and equipped to understand the psychology of a
child of tender age."
42. In P.M. Latha v. State of Kerala13 the argument
that B.Ed. qualification is a higher qualification than
Diploma in Elementary Education (D.El.Ed.) was
rejected. Again, it was a case before the Apex Court
where B.Ed candidates, were claiming appointment
as Primary School teachers on the basis of the claim
that their educational qualification (i.e. B.Ed.) was
even higher than the Diploma in Elementary
Education (D.El.Ed.) which was held by the other
candidates. In para 10 of the said case, it was stated
as under:
"We find absolutely no force in the argument
advanced by the respondents that B.Ed.
qualification is a higher qualification than TTC
and therefore, the B.Ed. candidates should be
held to be eligible to compete for the post...........
43. These findings were reiterated by Supreme Court
in Yogesh Kumar v. Government of NCT, Delhi,
holding that though B.Ed. is a well-recognized
qualification in the field of teaching, yet it is a training
which equips a candidate to teach higher classes, not
classes at primary level.
44. B.Ed. is not a qualification for teachers at Primary
level of schooling. The pedagogical skills and training
required from a teacher at Primary level is not
expected from a B.Ed. trained teacher. They are
trained to teach classes at higher level, post primary,
secondary and above. For Primary level i.e. class I to
class V the training is D.El.Ed or what is known as
diploma in elementary education. It is a D.El.Ed.
training course which is designed and structured to
impart skills in a teacher who is to teach Primary level
of students.
45. Therefore, by implication the inclusion of B.Ed. as
a qualification amounts to lowering down of the
'quality' of education at Primary level. 'Quality' of
education which was such an important component
of the entire elementary education movement in this
country, which we have discussed in the preceding
paragraphs of this order."
22. In the matter of A.P.J. Abdul Kalam Technological University and
another v. Jai Bharat College of Management and Engineering
Technology and others, (2021) 2 SCC 564, it has been held by the
Hon'ble Supreme Court that the State can make the qualification or
provide bench mark by providing additional qualification to the
minimum eligibility criteria, but it cannot dilute the norms provided by
the NCTE. The Hon'ble Supreme Court has held that from the
aforesaid provisions of law, the minimum qualification fixed by the
NCTE is quite vivid that the qualification of B.Ed. degree is an
essential qualification for the post of Teacher, who deals mainly
education in High Schools and Higher Secondary Schools and thus
the qualification of B.Ed. degree is an essential qualification for the
post of Teacher and the same cannot be diluted by the State
Government.
23. In view of by the above discussions, the impugned provisions of the
Rules of 2019 and also in view of the law laid down by the Hon'ble
Supreme Court as well as the various High Courts, the impugned
part of the notification dated 05.03.2019 issued by the State
Government of Chhattisgarh by the Rules of 2019, exempting the
necessary qualification of B.Ed./D.Ed./T.E.T. for the Teachers of
Agriculture subject appended in column No.8 of Annexure-1 of Rules
of 2019 is hereby declared as unconstitutional and ultra vires and
declared that the candidates, who possessed the B.Ed. degree are
eligible for appointment on the post of Teacher (Agriculture) as per
the regulations 2014 framed by the NCTE.
24. The State Government of Chhattisgarh is directed to include the
requisite qualification of B.Ed. for appointment on the post of Teacher
(Agriculture) and to proceed in accordance with the provisions of
regulations of 2014.
25. The writ petition is allowed to the extent indicated hereinabove. No
order as to costs.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
ved
Head Note
The minimum qualification of B.Ed fixed by the NCTE
under the National Council for Teacher Education
(Determination of Minimum Qualification for Persons to be
recruited as an Education Teacher and Physical Education
Teacher in Pre-primary, Primary, Upper primary,
Secondary, Senior secondary or Intermediate schools or
Colleges) Regulations, 2014 for recruitment of Teacher
(Agriculture) in Higher Secondary Schools, is prevailing over
the Chhattisgarh School Education Service (Educational
and Administrative Cadre) Rules, 2019 and the State
Government cannot dilute the said requisite qualification of
B.Ed for recruitment on the said post.
