Rajasthan High Court - Jodhpur
Hitesh vs National Council For Teacher Edu on 4 July, 2019
Bench: S. Ravindra Bhat, Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 13046/2018
1. Hitesh S/o Shanker, Aged About 28 Years, R/o Village And
Post Sajjangarh, District Banswara, (Raj.).
2. Sumit Kalal S/o Goutam Lal, Aged About 24 Years, R/o
Village And Post Sajjangarh, District Banswara, (Raj.).
3. Rohit Kalal S/o Kalpesh Kalal, Aged About 21 Years, R/o
Village And Post Sajjangarh, District Banswara, (Raj.).
4. Nilam Katara S/o Kanhaiya Lal Katara, Aged About 26
Years, R/o Village - Majra Kupda, Tanda Mangla, Tehsil -
Sajjangarh, District Banswara (Raj.).
5. Rajesh Prajapat S/o Devilal Prajapat, Aged About 20
Years, R/o Village - Semaliya, Post - Baddanv, District
Banswara, (Raj.).
6. Vipul Pancholi S/o Narayan Lal Pancholi, Aged About 31
Years, R/o Village - Barodiya, Post - Metawala, Tehsil
Gahri, District Banswara, (Raj.).
7. Rajpal Singh Shaktawat S/o Bhagawat Singh Shaktawat,
Aged About 25 Years, R/o Reserve Police 113, Khandu
Colony, Banswara, District Banswara.
----Petitioners
Versus
1. National Council For Teacher Edu., Hans Bhawan, Wing Ii,
Bhadur Shah Zafar Marg, New Delhi, Delhi - 110002
2. The State Of Rajasthan, Through Secretary, Rural
Development And Panchayati Raj Secretariat, Jaipur
(Raj.)
3. Zila Parishad, Banswara, Through The Chief Executive
Officer, Zilla Parishad Banswara ((Raj.)
4. District Establishment Committee, Banswara., Through Its
Chairman.
5. District Education Officer (Elementary Education),
Banswara, (Raj.).
6. Opjs University Rawatsar Kunjla, Near Sankhufort,
Rajgarh (Sadulpur), Jhunjhunu.
----Respondents
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(2 of 4) [CW-13046/2018]
For Petitioner(s) : Mr. Gajender Singh
Mr. Kunwar Prikshit Raj Deora
For Respondent(s) : Mr. Manish Vyas, AAG with Mr.
Anupam Gopal Vyas
HON'BLE THE CHIEF JUSTICE S. RAVINDRA BHAT
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment 04/07/2019 The petitioners challenge the validity of para 2 in the National Council for Teacher Education minimum qualification notification dated 23.08.2010, which stipulates that the Teachers for the purpose of appointment in school under the Right to Education Act, 2009 should possess a diploma or degree in a course in teachers education recognized by the NCTE. As a consequence, the condition that is issued in para 9.3 of the advertisement also stands challenged.
2. It is argued by the petitioners that the degree in the present case was issued by the OPJS University, Churu where the candidates underwent the regular B.Ed. Course. On the strength of the preamble of the University Grants Commission (hereinafter referred as "UGC") Act, 1956 and Section 22, the petitioners argued that being a central enactment the degrees conferred by a recognized university should be deemed sufficient and that the stipulation of minimum standards by the impugned regulation cannot override the effect and purpose of the UGC Act and its provisions. In other words, once a student completes the course successfully and secures a degree from a University which is (Downloaded on 30/08/2019 at 11:32:17 PM) (3 of 4) [CW-13046/2018] authorized by law confers such degrees, the further requirement that the course should be recognised, is arbitrary and unreasonable.
3. This Court is of the opinion that the challenge to the stipulation in the advertisement as well as regulation is unmerited. Para 2 of the minimum standard regulations states as follows:-
"2. Diploma/Degree course in Teacher Education - For the purposes of this Notification, a diploma/degree course in teacher education recognized by the National Council for Teacher Education(NCTE) only shall be considered. However, in case of Diploma in Education (Special Education) and B.Ed. (Special Education), a course recognized by the Rehabilitation Council of India (RCI) only shall be considered."
4. It is evident that a diploma or degree in a course of teacher education is deemed to be one, for the purposes of recruitment of a teacher under the Right to Education Act only if it is recognised by the NCTE. The NCTE was set up pursuant to the NCTE Act, 1993. The primacy of this institution or body as the regulator of teacher education has been recognised time and again by the Supreme court in several judgments including Maa Vaishno Devi Mahila Maha Vidhalaya Vs. State of UP 2013 (2) SCC 617; Chairman Bharatia Education Society Vs. State of A.P. 2011 (4) SCC 527.
5. In these circumstances, the stipulation that course in B.Ed. for teacher education, recognised by the NCTE is essential cannot be turned arbitrary.
6. So far as the submission that the petitioners or other candidates who hold B.Ed. or other degree or diploma qualification issued by universities entitled to issue such degree is concerned, (Downloaded on 30/08/2019 at 11:32:17 PM) (4 of 4) [CW-13046/2018] the Court sees no difficulty. The university - as OPJS University, Churu in the present case may be entitled to conduct courses in various subjects- Science, Engineering, Management etc. If any of these course is deemed a technical or professional one requiring the regulation by specialized body - mostly statutory such as Bar Council of India; AICTE; Medical Council of India, Dental Council of India etc., the fact that the concerned professional or other course (NCTE approved B.Ed. Course), is for some reason not recognised by the specialized special bodies would not in any way take away its basic character of a university degree. However, the objective of setting up a specialized regulatory body is to ensure that the concerned student or candidate possesses a qualification of the prescribed standard. In the case of teachers, unless the course is recognised by the NCTE the candidature of such students, who successfully complete the B.Ed. or other degree would be of little consequence and it cannot be used for the purposes of recruitment in this particular case, as teacher under the Right to Education Act.
7. For the above reasons, there is no merit in the writ petition, which is accordingly dismissed.
(DR. PUSHPENDRA SINGH BHATI),J (S. RAVINDRA BHAT),CJ NS/57-1/-
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