Delhi High Court

Ms. Lalita vs North Municipal Corporation Of ... on 27 March, 2015

Author: Valmiki J. Mehta

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2970/2015 & C.M.No.5313/2015 (Stay)

% 27th March, 2015

MS. LALITA ..... Petitioner
Through: Mr.M.Rais Farooqui, Advocate.

versus

NORTH MUNICIPAL CORPORATION OF DELHI & ANR.
..... Respondents
Through: Mr.Pratap Singh, Advocate for R-1.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

1. Petitioner in this case seeks appointment as an Assistant Teacher

(Primary) with the respondent no.2/School, however, admittedly petitioner

does not have the qualification of Central Teacher Eligibility Test (CTET)

which is required for being appointed as a Primary Teacher in the School.

2. I have considered this aspect in the judgment in the case of Ruchika

Arora & Ors. Vs. Union of India & Ors. in W.P.(C) No.2544/2013 decided

on 22.4.2013, and in which judgment I have held that if a person does not

have CTET qualification which is required by virtue of notification issued

under the Right of Children to Free and Compulsory Education Act, 2009,
WP(C) No. 2970/2015 Page 1 of 5
such a person cannot be appointed as a teacher in a school. The relevant

paragraphs of the judgment in the case of Ruchika Arora (supra) are para

nos. 1 to 8, and which read as under:-

"1. This writ petition is filed by 34 persons. Irrespective of prayer
clauses in the writ petition, what the petitioners effectively claim is that
they should be held entitled to appear in the examination and thereafter
get appointed as Special Education Teachers with the Government of
National Capital Territory of Delhi.

2. Applicants, as per the advertisement number 1/13 (which is filed
as Annexure P-2 to the writ petition) for appointment as a Special
Education Teacher in Directorate of Education, besides having the
qualification of being a graduate with B.Ed (Special Education), must
also have passed the Central Teacher Eligibility Test (CTET) conducted
by CBSE. Petitioners are the aspirants for the advertised posts.

3. The requirement of teachers, holding the other qualification, of
clearing the CTET Test conducted by CBSE, was as to bring about better
education standards. Powers were accordingly exercised by the
appropriate authority from time to time under the Right of Children to
Free and Compulsory Education Act, 2009. The National Council for
Teacher Education vide its circular dated 11.2.2011 has issued the
guidelines for conducting Teacher Eligibility Tests under the Right of
Children to Free and Compulsory Education Act, 2009. CTET
examinations are accordingly being conducted for the teachers.

4. Petitioners admittedly do not have the CTET qualification. They
have not appeared for the CTET examination, and thus do not have the
CTET qualification. The petitioners yet claim that they should be entitled
to apply for and seek appointment pursuant to the Advertisement No.1/13
(Annexure P-2) issued by the Government of National Capital Territory
of Delhi.

5. To seek the relief of appearing in the exam without CTET
qualification great stress is laid on behalf of the petitioners on the
following aspects:-
(i) The circular dated 11.1.2012 issued by the Rehabilitation
Council of India giving the qualifications for appointment of Special
Education Teachers not requiring CTET qualification.
WP(C) No. 2970/2015 Page 2 of 5
(ii) The fact that there is lack of Special Education Teachers who are
to be appointed for the special children.
(iii) CTET qualification is required only for languages, social studies,
mathematics, science etc etc and therefore, the CTET qualification is not
required for appointment as special teachers.
(iv) There is similarity in the subjects which have been qualified by
the petitioners when compared with the subjects in the CTET exam to be
conducted, and therefore, it is claimed that once there is similarity in
subjects, petitioners are entitled to seek employment without obtaining
CTET qualification.

6. In my opinion, the writ petition is clearly misconceived for the
reason that this Court cannot sit in the place of the appropriate authority
which decides qualifications for being employed as teachers. In the
present case, so far as the employer is concerned, being the National
Capital Territory of Delhi, it has quite clearly been prescribed in the
advertisement that the Special Education Teachers must have CTET
qualification. I do not think that there is any illegality or absurdity in any
employer asking that to seek appointment/employment as a teacher,
he/she must have CTET qualification, and which qualification was to
bring about a higher standard of education. The circular dated 11.1.2012
of the Rehabilitation Council of India does not in any manner support the
petitioners' case inasmuch as though the qualifications with respect to
teachers of different classes have been specified in the said circular
(which is filed as Annexure P-7), however, the said circular begins with
the expression "minimum requirement" i.e the requirements as mentioned
for appointment as Special Education Teachers must consist of at least
those qualifications which are specified in the circular dated 11.1.2012 i.e
it does not mean that any employer cannot insist that teachers must have
additional CTET qualification. Therefore, the contention of the petitioners
that the petitioners are entitled to sit in the examination and seek
appointment without CTET qualification is misconceived and rejected.

7. So far as the issue of there not being adequate numbers of
Special Education Teachers is concerned, first of all I cannot believe such
a self serving averment that there are not enough Special Education
Teachers having CTET qualifications because there is no basis on facts
and documents to substantiate the same. In my opinion, this is an issue
which the appropriate authorities will consider, including the authorities
which are seeking employment for the Special Education Teachers.
However, Courts cannot interfere in matters, merely on presumptive
issues of there not existing adequate number of teachers.

WP(C) No. 2970/2015 Page 3 of 5
8. Counsel for the petitioner placed reliance on an order dated
16.9.2009 in W.P.(C) No. 6771/2008 that there are not enough qualified
Special Education Teachers, however, that order was passed in the year
2009 and today we are in 2013. Also, we cannot take observations made
in an order out of context, specially, the writ petition being W.P.(C) No.
6771/2008 was towards various larger issues, and the said writ petition
was a public interest litigation on various aspects of education in Delhi."

3. Since, admittedly, the petitioner does not have the CTET qualification

and no notification has been issued by the government exempting the

requirement of CTET qualification for being appointed as a Primary

Teacher, the petitioner hence cannot be appointed in the absence of the

CTET qualification.

4. Counsel for the petitioner argues that the petitioner has worked for a

long period in the respondent no.2/School, and therefore exemption be

granted, however, exemption cannot be granted by this Court and exemption

can only be granted by the government by issuing an appropriate

notification, and which aspect is considered and decided in the judgment

delivered by the Central Administrative Tribunal in the case of Deep

Chandra Tiwari & Ors. Vs. Delhi Subordinate Services Selection Board

(DSSSB) & Ors. in OA No.3225/2013 and other connected petitions decided

vide judgment dated 12.2.2015.

5. Reliance placed by the counsel for the petitioner upon a Division

Bench judgment of the Punjab and Haryana High Court in the case of
WP(C) No. 2970/2015 Page 4 of 5
Shivani Gupta and Ors. Vs. State of Haryana and Ors. in Civil Writ

Petition No.15929/2012 along with connected petitions decided on

21.12.2012 is misconceived because that judgment deals with the factual

position wherein as per the concerned statute itself exemption was provided.

6. Dismissed.

MARCH 27, 2015 VALMIKI J. MEHTA, J.