Telangana Residential ... vs K. Shalini,
2021 Latest Caselaw 4354 Tel

  THE HON'BLE CHIEF JUSTICE SATISH CHANDRA SHARMA

                                   AND

       THE HON'BLE SRI JUSTICE N. TUKARAMJI

  WRIT APPEAL Nos.713, 658, 674, 680 and 848 of 2019


COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)

      Regard being had to the controversy involved in the

aforesaid cases, they were being heard together and are

being decided by a common order.

      The facts in Writ Appeal No.713 of 2019 are

reproduced as under :

      The facts of the case reveal that a Notification was

issued on 30th June, 2018 for recruitment of Trained

Graduate Teachers (T.G.T.) in Residential Educational

Institutions      Societies     (General      Recruitment)        by    the

Telangana          Residential         Educational          Institutions

Recruitment Board (TREI-RB).                As the petitioners were

not being considered on the ground that they are holding

B.Ed. / B. Tech. degree, the petitioners contended before

the learned Single Judge that the N.C.T.E. Regulations

governing the rules, viz., "National Council for Teachers'

Education - Determination of Minimum Qualifications 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" as
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well as N.C.T.E. Regulations of 2014 provides graduation

along with B.Ed. Degree.

     Learned Single Judge has allowed the Writ Petition

No.13944 of 2019 on 9th of July, 2019.

     Heard Sri C. Rama Kanth Reddy, learned counsel

for National Council for Technical Education (N.C.T.E.) in

the Appeals. None appears for the State.

     Undisputedly,    the   said    notification   was      only

confined to persons having B.A./B.Sc. degree and in

those circumstances, after hearing the learned counsel

for the parties and as the Regulations framed by the

NCTE were clear on the subject, the learned Single Judge

has allowed the Writ Petition.

     The learned counsel, appearing for N.C.T.E., was

fair enough in making a statement before this Court that

the qualification required for T.G.T. is Graduation in any

discipline along with B.Ed. Degree.           He has also

produced the regulations of 2010 and 2014 before this

Court. Not only this, under the Right to Information Act,

2005, information was sought from the N.C.T.E. in

respect of qualification for the posts of T.G.T. and P.G.T.,

and a clarification was also sought whether persons

holding B.Tech/B.Ed. are eligible in teachers recruitment

or not.   The clarification was provided by the Public
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Information Officer, N.C.T.E. and the same is reproduced

as under :

                                               Dated : 10th May, 2019
     No.F.64-451/2018/NCTE/Legal/78385
     To

     Shri K. Sanjeeva Rao,
     H.No.1-5-662,
     Road No.5E,
     New Maruthi Nagar,
     Kothapet, Saroor Nagar Mandal,
     R.R. District - 500 060.

     Subject : Seeking clarification in respect of the eligibility of
              B.Tech. B.Ed. candidates for the posts of Teacher.
                                  ***

Sir, I am directed to refer to your letter dated 05.01.2018 and 11.07.2018 on the subjected noted above and to say that the NCTE notification dated 23.08.2010, 29.07.2011 and 12.11.2014 regarding determination of minimum qualification are already available on the NCTE website. Attention is invited to the NCTE notification dated 29.07.2011 and 28.06.2018 which are self-explanatory for taking appropriate action in the matter relating to deciding the qualifications of teachers for appointment in schools. Copies of the same are enclosed herewith.

2. The recommendation to include B.Tech. also as a qualification for undergoing B.Ed. programme has been taken care in Regulation 2014 (Norms, Regulation and Procedure) notified by the NCTE in the Gazette Notification dated 01.12.2014.

Yours faithfully,

Sd/-

(Dr. Prabhu Kumar Yadav) Under Secretary

The learned Single Judge has disposed of the

Writ Petition No.13944 of 2019 on 9th of July, 2019, and

the operative paragraph of the order passed by the

learned Single Judge is reproduced as under :

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"In view of the above submissions, the Writ Petition is disposed of in terms of the common order dt.21.06.2019 in Writ Petition No.25555 of 2018 and Writ Petition Nos.10204 and 11495 of 2019 with a direction to the respondents to consider the case of the petitioner as eligible for appointment to the post of TGT, if the petitioner comes within the zone of consideration, and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order."

In the considered opinion of this Court, and after

careful perusal of the Regulations framed by N.C.T.E.

and also in the light of the submissions by the counsel

for N.C.T.E. that a graduate in any discipline is entitled

along with B.Ed. for the post of P.G.T., this Court does

not find any reason to interfere with the order passed by

the learned Single Judge.

Resultantly, the Writ Appeal along with connected

Appeals are dismissed. No costs.

As a sequel, miscellaneous petitions pending if any

in these Appeals, shall stand closed.

__________________________________ SATISH CHANDRA SHARMA, CJ

___________________ N. TUKARAMJI, J Date : 15.12.2021 Ndr