Karnataka High Court
Smt Shashikala P B vs The State Of Karnataka on 26 September, 2022
Bench: Acting Chief Justice, S Vishwajith Shetty
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF SEPTEMBER 2022
PRESENT
THE HON'BLE MR. ALOK ARADHE
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY
W.A. NO.1177 OF 2021 (S-RES)
BETWEEN:
SMT. SHASHIKALA P.B.
W/O SRI. DINESH B G, AGE 41 YEARS
WORKING AS HINDI TEACHER
BAPUJINAGAR, SIDDHARTHA VASATHI
PROWDA SHALA, 5TH MAIN, 2ND CROSS
BAPUJINAGAR, BANGALORE 560026.
R/AT NO. J84-85
2ND CROSS, ANJANEYA BLOCK
SHESHADRIPURAM, BANGALORE 560 020
... APPELLANT
(BY MR. SRIKANTH M.P. ADV.,)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT
PRIMARY AND SECONDARY EDUCATION
M.S. BUILDING, DR. AMBEDKAR VEEDHI
BANGALORE 560 001.
2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS
PRIMARY AND SECONDARY EDUCATION
NEW PUBLIC OFFICES, NRUPATHUNGA ROAD
2
K R CIRCLE, BANGALORE - 560001.
3. THE DIRECTOR OF PUBLIC INSTRUCTIONS
SECONDARY EDUCATION, NEW PUBLIC OFFICES
NRUPATHUNGA ROAD, K R CIRCLE
BANGALORE - 560001.
4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS
BANGALORE SOUTH DISTRICT
KALASIPALYAM, BANGALORE 560 002.
5. THE BLOCK EDUCATION OFFICER
SOUTH RANGE-2, TULASITHOTA
POORNAIAH CHOULTRY
COTTON PET, BANGALORE 560 053.
6. SIDDHARTHA EDUCATION SOCIETY
SIDDHARTHANAGAR
B.T. ROAD, TUMKUR TALUK
TUMKUR DISTRICT 572107.
7. REGIONAL DIRECTOR
SOUTHERN REGIONAL COMMITTEE (NCTE)
G7, SECTOR 10, DWARAKA LAND MARK
NEAR METRO STATION, DELHI 110 075.
... RESPONDENTS
(BY MR. S.S. MAHENDRA, AGA FOR R1-R5
MR. CHANDRAKANTH R. GOULAY, ADV., FOR R6)
---
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
COMMON ORDER DATED 27.01.2021 PASSED ON W.P.
NO.12557/2018 AND CONNECTED MATTERS BY THE
LEARNED SINGLE JUDGE OF THIS HON BLE COURT. PASS
ANY ORDER OF CONSEQUENTIAL RELIEF OR ANY OTHER
APPROPRIATE ORDER OR DIRECTION AS THIS HON BLE
COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF
THE CASE.
3
THIS WRIT APPEAL COMING ON FOR ADMISSION, THIS
DAY, ACTING CHIEF JUSTICE DELIVERED THE
FOLLOWING:
JUDGMENT
This intra Court appeal arises out of a order
dated 27.01.2021 passed by learned Single Judge in
W.P. No.12557/2018 and other connected matters, by
which, writ petition filed by the appellant has been
dismissed.
2. Facts giving rise to filing of this appeal
briefly stated are that the appellant and others claim
that they hold degree in Hindi Shikshak course from
various parts of the State. The appellant and others
have joined various High Schools which are aided
educational institutions between 2012 to 2014.
3. The State Government on an earlier
occasion had withdrawn the equivalence granted to
Hindi Shikshak and Hindi Snathak courses, which
were treated to be equivalent to B.A and B.Ed. The
aforesaid action of the State Government was
challenged in a batch of writ petitions in which a
Bench of this court by an order dated 29.11.2012 held
that withdrawal of equivalence is illegal. The State
Government thereafter issued a Notification dated
24.03.2016 clarifying that applicants are required to
possess qualification prescribed in the Notification for
appointment and continuance of their post. The State
Government issued a Notification by which draft Rules
were notified and subsequently the amendment was
incorporated in the Rules by way of the Karnataka
Education Department Services (Department of Public
Instructions) (Recruitment) (Amendment) Rules, 2016
(hereinafter referred to as the 'Rules' for short).
Thereupon, an order was issued on 18.04.2017
withdrawing the equivalence granted to Hindi
Shikshak courses to be equivalent to B.A. and B.Ed.
degrees. The aforesaid amendment in the Rules and
the Government Order dated 18.04.2017 were
challenged in a writ petition which has been
dismissed by the learned Single Judge.
4. Learned counsel for the appellant
submitted that the State has no powers to withdraw
the equivalence granted to a particular qualification
after commencement of National Council for Teacher
Education Act and the Regulation framed therein. In
support of aforesaid submission, reliance has been
placed on Division Bench decision of this Court in
W.P. No.2772/2011. It is urged that dismissal of the
writ petition with regard to the challenge made to the
order dated 18.04.2017 and Notification dated
29.09.2016 is wholly unsustainable.
5. We have considered the submissions made
by the parties and have perused the records. The
State Government sought a clarification from the
National Council for Teacher Education (hereinafter
referred to as 'NCTE' for short), as to whether
qualification of Hindi Shikshak course which was
declared to be equivalent, is recognized by NCTE.
Thereupon, NCTE by a communication dated
14.07.2016 informed that Hindi Shikshak course or
Hindi Snathak course recognized by NCTE for certain
institutions in Karnataka are not recognized as B.Ed.
course, but only recognized as Hindi Shikshak course
or Hindi Snathak course.
6. Thereupon, the State Government issued a
Notification on 18.04.2017 and declared that only
those courses which are recognized by NCTE and
UGCE will be considered as equivalent courses and all
earlier orders declaring equivalence were withdrawn.
The order was passed by the State Government after
seeking clarification from NCTE, which alone could
prescribe minimum qualification for appointment to
the post of Teacher in the Country.
7. The aforesaid order has been passed in
consonance with the norms prescribed by NCTE. The
learned Single Judge, therefore, has rightly repelled
the challenge to the amendment in the Rules and the
Government Order dated 18.04.2017.
For the aforementioned reasons, we do not find
any merit in this appeal. The same fails and is hereby
dismissed.
Sd/-
ACTING CHIEF JUSTICE
Sd/-
JUDGE
SS
