Manipur High Court
Page |2 vs The Board Of Secondary Education ... on 7 December, 2021
SHAMURAI Digitally signed by Page |1
SHAMURAILATPA
LATPAM M SUSHIL
IN THE HIGH COURT OF MANIPUR
SUSHIL SHARMA
Date: 2021.12.07
AT IMPHAL
SHARMA 14:25:38 +05'30' WP(C) No. 958 of 2019
1. Thamangjam Hena aged about 24 years, D/o
Thamangjam Amusana Singh a resident of
Khonghampat Mantri Leikai PO Mantripukhri, PS
Sekmai Imphal West District, Manipur-795002.
2. Warepam Dilena Devi, aged about 23 years D/o Late
Warepam Gopeshwar Singh, resident of
Khonghampat Mayai Leikai PO Mantripukhri. PS
Sekmai, Imphal West District, Manipur-795002.
3. Nongthongbam Thoithoibi Chanu, aged about 24
years D/o N Yaiskul Singh resident of
Luwangsangbam Maning Leikai, PO Mantripukhri, PS
Heingang. Imphal East District, Pin-02.
4. Khundongbam Rojika Devi, aged about 23 years,
Khundrakpam Manichandra Singh, resident of
Khonghampat Mayai Leikai, PO Mantripukhri, PS
Sekmai, District Imphal West, Manipur, Pin-795002
5. Kh. Parosh Singh, aged about 22 years, S/o Kh.
Palandro Singh of Top Awang Leikai, P.O. & P.S.
Porompat, Imphal East District, Manipur, Pin-795005.
WP(C) No. 958 of 2019
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6. Ahanthem Gracy Devi, aged about 22 years, D/o
Ahanthem Ngamba Singh, resident of Wawombung
Gate, P.O. Lamlong, P.S. Lamlai, Imphal East District,
Pin-795010.
7. Kshetrimayum Charanjing Singh, aged about 28
years, S/o Ksh. Rameshor Singh, resident of Kongpal
Mamang Sabal Leikai, PO & PS Porompat, Imphal
East District, Manipur Pin-005.
8. Sapam Amarjit Meitei, aged about 22 years, S/o S.
Nandakeshwar Meitei, a resident of Kwakeithel
Lamdong Leikai, PO Imphal, P.S. Singjamei, Imphal
West District, Manipur, Pin-01
9. Md Sadam, aged about 25 years, S/o Abdul Kalam,
resident of Moreh, PO & PS Moreh, Tengnoupal
District, Manipur, Pin-795131
10. Th. Pradeep Kumar, aged about years, S/o Th
Manglem Singh, resident of Uripok Takhellambam
Leikai, PO Imphal, PS Imphal West District, Imphal
West, Manipur Pin-01
.......Petitioners
-Versus -
WP(C) No. 958 of 2019
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1. The Board of Secondary Education (BOSEM), Manipur
represented by its Secretary Babupara PO & PS Imphal
District Imphal West Manipur, Pin 795001
2. The Controller of Examination, Board of Secondary
Education Manipur Babupara, PO & PS Imphal District
Imphal West, Manipur Pin-795001
3. The Chairman Board of Secondary Education, Manipur
Babupara PO & PS Imphal District Imphal West
Manipur, Pin - 795001
4 The State of Manipur through the
Commissioner/Secretary Education (S). Government of
Manipur Secretariat South Block PO & PS Imphal
District Imphal West, Manipur, Pin - 795001.
5. The Director of Education (Schools) Government of
Manipur PO & PS Imphal, District Imphal West. Manipur
Pin-795001.
.......Respondents
WP(C) No. 958 of 2019
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B E F O R E
HON'BLE MR. JUSTICE MV MURALIDARAN
For the applicant :: Mr. Kh. Tarunkumar, Advocate
For the respondents :: Mr. S. Samarjeet, CGC
Mr. N. Ibotombi, Sr. Advocate
Mrs. Ch. Sundari, GA.
Date of hearing &
Reserving Judgment
& Order :: 06.10.2021
Date of Judgment &
Order :: 07.12.2021
JUDGMENT & ORDER
(CAV)
1. This writ petition has been filed by the petitioners
seeking to quash the impugned notification dated 22.10.2019 as
the same is not sustainable in the eye of law and also to direct the
respondents to allow only the candidates who have passed two
years Diploma Elementary Education in Teacher Eligibility Test
conducted by the Board of Secondary Education, Manipur
2. The case of the petitioners is that they are eligible
candidates to appear for the Teachers Eligibility Test (TET) which
is to be conducted by the Board of Secondary Education, Manipur
(BOSEM) According to the petitioners, passing of TET is an
essential qualification for appointment to the post of Primary
Teacher under the Department of Education and as per the
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regulations framed by the National Council for Teacher Education
(NCTE), Diploma in Elementary Education (D.El.Ed.) is a two year
professional programme for Teacher Education and it will have a
duration of two academic years. By allowing the said regulation of
NCTE, the Government of Manipur has notified the Recruitment
Rules for the post of Primary Teacher and Upper Primary Teacher
of SSA. As per the said Recruitment Rules for the post of Primary
Teacher, passing of D.El.Ed and TET are essential qualifications
for appointment as Primary Teacher.
3. Further case of the petitioners is that on 23.9.2019,
the Controller of Examinations, BOSEM issued a notification for
holding TET for the Primary Teachers and Upper Primary
Teachers and the minimum educational qualifications prescribed
in the said notification are the qualifications mentioned in the
Recruitment Rules for the post of Primary and Upper Primary
Teachers of SSA. However, by the impugned notification dated
22.10.2019, the Controller of Examinations, BOSEM issued
another notification whereby the last date for online submission of
payment of fees for TET, 2019 was extended up to 28.10.2019
and further a fresh condition, which is not found in the notification
dated 23.9.2019 that is candidates who passed Senior Secondary
or Graduation with at least 50% (45% for SC/ST) of marks and
WP(C) No. 958 of 2019
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passed D.El.D conducted by the National Institute of Open
Schooling (NIOS) may also apply for the TET, 2019 was
incorporated. Challenging the same, the petitioners have filed the
present writ petition.
4. Respondents 1 to 3 filed affidavit-in-opposition
stating that the writ petition filed by the petitioners is liable to be
dismissed in limine as they have not challenged the earlier orders
and letters issued by the authorities of NCTE and other authorities.
It is stated that after considering the recommendation of the expert
committee constituted by the NCTE and direction of the Ministry
of Human Resource Development, the Chairperson of NCTE in
exercise of power under Clause 4 of the NCTE, granted relaxation
to the following provisions and NCTE Regulations, 2014 for
ensuring that the directives of Ministry of Human Resource
Development for implementing the amendment to the RET Act,
2009 to be duly fulfilled by reducing the duration of the Diploma in
Elementary Education programme through ODL mode of NIOS to
18 months instead of 2 years, including the 6 months internship,
and as such the period of Diploma in Elementary Education of two
years professional programme of teacher education was
overridden by the order dated 22.9.2019 issued by the NCTE to
18 months duration instead of 2 years including the 6 months
WP(C) No. 958 of 2019
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internship in case of NIOS, Noida for Diploma In Elementary
Education (ODL) programme through SWAYAM Portal of Ministry
of Human Resource Development for training of in service
untrained teachers under Section 14 of the NCTE Act, 1993 and
Clause 7(16) of NCTE Regulations, 2014.
5. It is also stated that BOSEM is conducting TET
examination for screening the candidates to be eligible for
appointment as teachers and the notification dated 11.5.2016
issued by the Department of Personnel and Administrative
Reforms, Government of Manipur is not related with the
conducting of the TET examination by the respondents Any
candidate who has cleared the TET examination conducted by the
BOSEM may join the service either in the Government
establishment or private Institution etc. and it does not necessarily
mean that the TET examination conducted by the BOSEM is only
for the Government department.
6. It is stated that as per Regulation 12 of NCTE
(Recognition Norms and Procedure) Regulations, 2014, power
has been given to the Chairperson to relax any of the provisions
of Regulations, 2014 and related norms and standards on the
recommendation of the Central Government or the State
Government or Union Territory Administration concerned or in
WP(C) No. 958 of 2019
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case of removal of any hardship caused in adhering to the
provisions in these Regulations keeping in view the circumstances
peculiar to the said Government or Union Territory. However, the
Chairperson is to record the reasons in writing and has issued the
recognition order dated 22.9.2017 to the D.El.Ed conducted by
NIOS and as such the second respondent issued the Impugned
notification dated 22.10.2019 so as to give equal opportunity to all
the candidates who had passed D.El.Ed conducted by NIOS to
apply for the TET Examination 2019 as the recognition order dated
22.9.2017 is still in force.
7. Assailing the impugned notification dated
22.10.2019, learned counsel for the petitioners submitted that the
Impugned notification is not in conformity with the Regulation of
NCTE dated 28.11.2014, wherein it clearly laid down that the
D.El.Ed is of duration of 2 academic years with 80% class
attendance On the other hand, the D El Ed conducted by the NIOS
is for only 18 months through distance learning i.e. without
attending any classes.
8. Learned counsel for the petitioners further submitted
that the impugned notification is also in violation of the two
Recruitment Rules for the posts of Primary Teacher and Upper
Primary Teacher framed by the Government of Manipur, wherein
WP(C) No. 958 of 2019
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it is clearly stated that D El Ed is of 2 years. Therefore, a person
who does not possess the qualification of 2 years D El Ed is not
eligible to appear the TET for the Primary as well as
Elementary/Upper Primary Teacher Therefore, the impugned
notification dated 22.10.2019 is ultra vires and not sustainable in
the eyes of law.
9. Reiterating the averments made in the affidavit-in-
opposition filed by the respondents 1 to 3 learned counsel
appearing for the said respondents submitted that the petitioners
have misconception about the recognition order dated 22.9.2017
issued by the Northern Regional committee, NCTE as the said
recognition order does not confine to the students of the northern
region and that any certificate Issued by an examining body which
is duly approved by the competent regulating authority is valid all
over India Further, the NCTE is a statutory body like Medical
Council of India, Bar Council of India, AITCE etc. He would submit
that in the instant case, the certificate was issued by the NIOS and
not by NCTE and as such the certificate issued by NIOS is valid
all over India.
10. Learned counsel further submitted that the
Recruitment Rules for the post of Primary Teacher and Upper
Primary Teacher have nothing to do with the conducting of
WP(C) No. 958 of 2019
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examination of the TET and any candidate who has cleared the
TET examination conducted by the BOSEM may join the service
either in the Government establishment or private institution etc.
and it does not necessarily mean that the TET examination
conducted by the BOSEM is only for the Government department.
11. Learned counsel next submitted that the impugned
notification was issued in order to give equal opportunity to all the
candidates who have passed D El Ed conducted by NIOS to apply
for the TET Examination 2019 as the recognition order dated
22.9.2017 is still in force.
12. In reply, learned counsel for the petitioners, drawing
the attention of the letter dated 23.1.2021, submitted that the
Deputy Secretary, Education Informed the Chairman and
Secretary of the BOSEM about a letter received from the Deputy
Secretary, NCTE addressed to all the Chief Secretaries of all
States and Union Territories regarding the validity of 18 months
course of D.El.Ed (ODL) conducted by the NIOS for the untrained
in service elementary teachers. He would submit that in the said
letter dated 23.1.2021, a copy of the letter dated 6 1 2021 written
by the Deputy Secretary, NCTE was annexed, wherein it has been
stated that the NCTE has decided to accept the verdict of the
Patna High Court dated 21.2.2020 in the case of Sanjay Kumar
WP(C) No. 958 of 2019
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Yadav and others vs. The State of Bihar and others and in view
of the abovesaid decision, all the States and Union Territories
were requested to consider all those candidates who have
completed the D.El.Ed course of NIOS (ODL) may be given
opportunity to apply for fresh recruitment at par with the other
D.El.Ed candidates subject to adherence to all other criteria and
qualification requirements such as passing of TET etc. as per the
NCTE notification dated 22.8.2010 as amended from time to time
and any other as mandated by the State.
13. Countering the arguments of learned counsel for the
petitioners, learned counsel for the respondents 1 to 3 submitted
that the letter dated 6.1 2021 and the order of the Patna High Court
are the affirmation of the earlier stand taken by the respondents 1
to 3 and it does not state that D.El.Ed. course through NIOS
cannot be treated at par with the 2 years training course and it was
mere information given to the respondents 1 to 3 by the Deputy
Secretary Education and it does not negate the TET examination
conducted by the BOSEM.
14. This Court considered the rival submissions made by
learned counsel appearing for the parties and also perused the
materials available on record.
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15. The petitioners have challenged the impugned
notification dated 22.10.2019 on the ground that the said
notification is not in conformity with the Regulation of NCTE dated
28.11.2014 which prescribes that the D.El.Ed is of a duration of
two academic years with 80% class attendance On the other hand,
the D.El.Ed conducted by the NIOS is for only 18 months though
distance mode i.e. without attending any classes. Thus, according
to the petitioners the impugned notification is in violation of the two
Recruitment Rules for the post of Primary Teacher and Upper
Primary Teacher framed by the Government of Manipur wherein it
is stated that D El Ed is of 2 years. Therefore, a person who does
not possess the qualification of 2 years D.El.Ed is not eligible to
appear the TET examination for the Primary/Elementary/Upper
Primary Teacher.
16. On the other hand, it is the say of the respondents 1
to 3 that the Northern Committee, NCTE issued recognition order
dated 22.9.2017, wherein it has been stated that D.El.Ed
conducted by the NIOS through ODL which is of 18 months for the
In-service untrained teachers at elementary level working in
Government/Government aided and unaided private schools has
been given recognition and following the said order, the BOSEM
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issued the impugned order dated 22.10.2019 and there is no
illegality in issuing the said order.
17. In the additional affidavit, the petitioners stated that
on 22.9.2017, the Regional Director (i/c), NCTE, Northern
Regional Committee, issued recognition order thereby ordering
that the duration for the in-service untrained teachers at
elementary level working in Government/ Government Aided and
unaided private school were allowed to undergo the Diploma In
Elementary Education by conducting online course which is to be
conducted by the NIOS. As per the said recognition order the
duration of the programme of D.El.Ed has been reduced to 18
months instead of two years and the requirement of 6 months
internship is to be submitted with the duration of 18 months.
Despite the said recognition order dated 22.9.2017, the Director of
Elementary Education Government of Arunachal Pradesh issued
a notification for conducting the 9th State Level Teacher Eligibility
Test, 2019 in accordance with the provisions of Section 23(1) of
RTE, 2009 As per the said notification, in respect of the Primary
Level Teachers, the essential educational qualification is Senior
Secondary (or its equivalent) with 50% marks and 2 years Diploma
in Elementary Education (by whatever name known) and in
respect of the Upper Primary Teacher also, the essential
WP(C) No. 958 of 2019
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education qualification is graduation and 2 years Diploma in
Elementary Education (by whatever name known) Besides the
said essential qualifications, some other qualifications were also
given as optional respect of D.El.Ed. 2 years of duration remains
as it is. However, in respect of D.El.Ed, 2 years of duration remains
as it is.
18. The respondents 1 to 3 have also filed an additional
affidavit on 5.3.2021. Along with the additional affidavit, they have
enclosed the letter dated 23.1.2021 written by the Deputy
Secretary (S), Government of Manipur. In the said letter, the
Deputy Secretary informed the Chairman and Secretary of
BOSEM in respect of the letter dated 6.1.2021 received from the
NCTE which was addressed to all the Chief Secretaries qua the
validity of 18 months course of D.El.Ed (ODL) conducted by the
NIOS for the untrained in service elementary teachers. In the said
letter dated 6.1.2021 it was stated that NCTE has decided to
accept the decision of the Patna High Court in Civil Writ
Jurisdiction Case No.19842 of 2019 and in of the said decision, all
the State and the Union Territories were requested to consider all
those candidates who have completed the D.El.Ed course of NIOS
and may be given an opportunity to apply for fresh recruitment at
part with the other D El Ed candidates subject to adherence of all
WP(C) No. 958 of 2019
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other criteria and qualification requirements such as passing of
TET etc.
19. The petitioners have also highlighted the issuance of
the recognition order by the NCTE in respect of the CTET which
is to be conducted by the CBSE Delhi on 8.12.2019 and the
duration for the course of D.El.Ed is 2 years in respect of the State
of Arunachal Pradesh also, the duration for the course of D El Ed
is clearly given as 2 years. Therefore the petitioners states that in
respect of the Manipur State. It is not known whether the
Government has adopted the above said recognition order dated
22.9.2017 issued by the NCTE. If the said recognition order is
adopted by the Government of Manipur then the above said two
Recruitment Rules for the post of Primary Teacher and Upper
Primary Teacher are required to be amended by incorporation the
relaxed criteria in respect of the course of Diploma in Elementary
Education in the said Recruitment Rules are not yet amended the
petitioners However, till date, the said two Recruitment Rules We
find some force in the contentions raised by the petitioners.
20. It appears that the letter of NCTE dated 6.1.2021 is
clear that the decision to allow the candidates who have
completed the 18 months D.El.Ed (ODL) conducted by the NIOS
to apply for the TET was taken only on 6.1.2011 meaning thereby,
WP(C) No. 958 of 2019
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there was no such decision at the time of issuance of the
impugned notification dated 22.10.2019. Thus, as rightly argued
by the learned counsel for the petitioners that the impugned
notification dated 22.10.2019 was issued by the BOSEM without
any authority of law.
21. It also appears that the Deputy Secretary (S),
Government of Manipur vide letter dated 23 1 2021 requested the
authorities of BOSEM to do the needful In view of the letter dated
6.1.2021 and further requested the action taken report to the
Government as early as possible Therefore, it is clear that prior to
the writing of the letter dated 23.1.2021, there was no any decision
of the Government of Manipur to accept the persons who have
completed 18 months D EI Ed (ODL) course by the NIOS to apply
for TET.
22. This Court has arrived at the said conclusion based
on the subsequent developments put forth by the petitioners and
the official respondents. Therefore, this Court finds some merit in
the writ petition. However the TET examination relates to the year
2019 and the TET examination ought to be done strictly by fully
complying with the qualifications mentioned in the Recruitment
Rules as amended from time to time and also in view of the
subsequent developments took place after filing of the writ petition,
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this Court is inclined to accept the grievance expressed by the
petitioners and the writ petition is liable to be allowed.
23. In the result,
a) the writ petition is allowed.
b) the impugned order and Notification dated
22.10.2019 passed by the Controller of
Examination, Board of Secondary Education,
Manipur is set aside.
c) the respondents are directed to allow only the
candidates who have passed 2 years Diploma in
Elementary Education in Teacher Eligibility Test
conducted by the Board of Secondary Education,
Manipur.
24. Registry is directed to issue copy of this order to both
the parties through their WhatsApp/e-mail.
JUDGE
FR/NFR
Sushil
WP(C) No. 958 of 2019
