Delhi High Court
Ishwari vs Delhi Subordinate Services ... on 4 May, 2016
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8513/2015
Date of decision: 4th May, 2016
ISHWARI ..... Petitioner
Through: Petitioner in person with
Mr.Virender, Brother of petitioner.
versus
DELHI SUBORDINATE SERVICES SELECTION BOARD & ORS
..... Respondents
Through: Ms. Harvinder Oberoi, Adv. for R-1 to 3 & 6.
Mr. Ajit Sharma with
Mr. Mayank Aggarwal, Advs. for R-5.
Mr. Madan Kumar Garg,
Superintendent of Education.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE NAJMI WAZIRI
SANJIV KHANNA, J. (ORAL)
1. We have heard petitioner in person who is present in Court with
his brother, Mr. Virender. As requested, we have also heard Mr.
Virender.
2. The petitioner has challenged the order dated 8th April, 2015
passed by the Principal Bench of the Central Administrative Tribunal
in OA No.532/2014.
3. The petitioner had filed the aforesaid OA praying for quashing
of advertisement No.1/14 dated 21.1.2014 for Post Code 146/2014
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issued by the Delhi Subordinate Services Selection Board (DSSSB,
for short).
4. For the sake of convenience, we would reproduce the aforesaid
advertisement which had prescribed the eligibility qualification:-
"Post Code: 146/14 SPECIAL EDUCATION TEACHER
in DIRECTORATE OF EDUCATION
Number of Vacancies: Total - 670 (UR-242, OBC-237, SC-124,
ST-66) including PH-27(OH)
Essential Qualification: (i) Graduate with B.Ed (Special
Education) or B.Ed with a two years Diploma in Special
Education or Post Graduate Professional Diploma in Special
Education OR any other equivalent qualification approved by
Rehabilitation Council of India. (ii) Central Teacher Eligibility
Test (CTET) conducted by CBSE.
Pay Scale: Rs.9300-34800/- + G.P. Rs.4600/-
Age Limit: Not exceeding 30 year (Age relaxation will be given
as per note regarding age relaxation). All those applicants who
are working in the SSA as resource persons for the children with
Special needs be granted age relaxation to the extent of number
of years they have worked in the SSA. General age relaxation of
10 years in case of women candidates be also applied.
This post is identified suitable for PH(OH) persons only as per
the requisition of the User Department.
R.No.F.DE.4(2)330/SET/E-IV/10/262 dt. 15/10/2012."
As per the aforesaid advertisement, the eligibility qualifications
as prescribed for the post of Special Education Teacher in the
Directorate of Education were; graduate with B.Ed (Special
Education); B.Ed with two years diploma in Special Education; or
Post Graduate professional diploma in Special Education. A person
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holding any equivalent qualification approved by the Rehabilitation
Council of India was also eligible. The petitioner herein is a graduate
with B.Ed (Special Education). Thus, she fulfils the first part of the
aforesaid qualification. However, she does not fulfil the second part
of the eligibility qualification, i.e., she has not passed the Central
Teachers Eligibility Test conducted by CBSE, which is also known
by the acronym CTET.
5. The petitioner accepts the aforesaid position but submits that
CTET conducted by CBSE is for Classes 1 to 5 and Classes 6 to 8.
CBSE does not conduct CTET for Classes 9 to 12. The petitioner
submits that in this case, as per information received under the Right
to Information Act, 2005, funds for the 670 vacancies advertised
under Post Code 146/2014 were issued for special education for
students at the secondary stage, i.e. for classes 9 to 12. Accordingly,
the said eligibility requirement in the advertisement should be struck
down as arbitrary and capricious.
6. In order to appreciate the submissions we would like to
reproduce the exact plea taken by the petitioner in the original
application, the relevant portion of which is as under:-
"4.10 The Guidelines regarding special Teachers are
developed and planned by Rehabilitation Council of India
(RCI) only which is a statutory authority.
So The CTET is not applicable to the Special Education
Teacher.
Further there are three Levels for the post of Special
Education Teachers
Page 3 of 6 W.P.(C) 8513/2015
First Level: Pre School/Nursery/Play School Level.
Second Level: Elementary (Primary/ Upper Primary) Level,
i.e. Class I-V & VI to VIII respectively.
Third Level : Secondary and Senior Secondary Level i.e.
Class IX to XII.
4.11 That the vacancies notified in Post Code 146/14 have
required B.Ed. Special Education Qualification. This
means that the vacancies are filled for Third Level as
mentioned in para 4.9 above i.e. for the class IX to XII
which require no CTET Qualification."
7. We have considered the said contention but regret our inability
to agree with the petitioner. We have quoted above the exact
advertisement published by the respondents for filling up 670
vacancies under Post Code 140/2014 for the post of Special Education
Teacher in the Directorate of Education. The said advertisement does
not specify or state that the special teachers would teach students
studying in Classes 9 to 12. It was a general advertisement for filling
up for vacancies of Special Education Teachers. In the counter
affidavit filed by the respondents, they have stated that the National
Council for Teachers Education (NCTE), vide notification dated
23.8.2010, has stipulated and laid down that CTET is a minimum
essential qualification for a person to be eligible for being appointed
as a teacher upto class 8 in a school under Right to Education Act,
2009. Pursuant to the said notification dated 23.8.2010, the
Directorate of Education vide notification dated 7.10.2011 has
accepted that the minimum eligibility norm would include CTET
Page 4 of 6 W.P.(C) 8513/2015
conducted by CBSE for appointment of teachers to Classes 1 to 5 and
Classes 6 to 8. The advertisement in question was for filling up the
post of Special Education Teacher under the Right to Education Act,
2009. In our opinion, it will not be correct and appropriate for either
the Tribunal or this Court to set naught and overwrite the mandate set
by NCTE. Noticeably, the Rehabilitation Council of India was
consulted on this matter and by their letter dated 29.9.2012 have
stated that they have no objection for including CTET as one of the
minimum essential qualifications for recruitment to the post of
Special Education Teacher, provided the post's eligibility
requirements include a degree of B.Ed/B.Ed in Special Education.
The respondents obviously could not have acted contrary to the
mandate of NCTE. As the petitioner does not fulfil the minimum
eligibility criteria and as she has not cleared CTET, the Tribunal has
therefore rightly dismissed the original application.
8. Noticeably, the Rehabilitation Council of India has filed a
counter affidavit before this Court and has stated that they as a
statutory body have prescribed the minimum educational qualification
for appointment of different professionals within their purview. They
state that CTET and TT (Teacher Eligibility Test for Classes 9 to 12)
have been made compulsory for appointment of teachers of any
category, general as well as special. These tests conducted by the
CBSE are essential eligibility requirement which must be satisfied.
CTET or TT is not a course, but an eligibility test. The objective and
purpose is obvious. It ensures that the candidate's education and
knowledge meet a minimum level. Noticeably, even for Special
Page 5 of 6 W.P.(C) 8513/2015
Education Teachers, B.Ed. is a minimum educational requirement.
To this extent, the advertisement and eligibility qualifications are not
challenged.
9. In view of the above, the petition is dismissed. There will be
no order as to costs.
SANJIV KHANNA, J
NAJMI WAZIRI, J
MAY 04, 2016/ak
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