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Himachal Pradesh High Court · body

2014 DIGILAW 594 (HP)

Sanjay Kumar v. State of Himachal Pradesh

2014-05-19

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

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Judgment Tarlok Singh Chauhan, J. In this batch of writ petitions, the petitioners have claimed the following substantial reliefs:- “(i) That the impugned Annexure-PG dated 9.12.2013 may kindly be quashed and set-aside to the extent whereby the Primary Assistant Teachers (PATs) above 50% marks in graduation, in the case of General Category and 45% marks in SC, ST and OBC categories only have been held entitled to undergo the special course of six months as per NCTE and NIOS modalities irrespective of all the graduates having B.Ed. qualifications; (ii) That the respondents No.1 and 2 may kindly be directed to not to force the petitioners, to undergo two years Diploma in Elementary Education (D.El. Ed.) programme through open distance learning mode with a further direction to impart them only six months special course as per the guidelines of NCTE/NIOS; (iii) That the respondents No.1 and 2 may kindly be directed to refund a sum of Rs.6,000/-to the petitioners which has been deposited by them on account of fee for the first year training programme.” 2. It is not disputed that the petitioners are all appointees after rd of September, 2001 and are graduates and also possess a degree in Bachelor of Education (B.Ed.). It is also not disputed that the National Council for Teachers Education (in short ‘NCTE’) is the Academic Authority constituted under the right of Children to Free and Compulsory Education Act, 2009, (hereinafter referred to as ‘the Act’) and, therefore, competent to lay down the educational qualifications from time to time. But the grievance of the petitioners is that despite the ‘NCTE’ having laid down qualifications vide notification dated 29.07.2011, the State Government in turn was still insisting upon certain qualifications which ostensibly owe their origin to the earlier notification issued by the ‘NCTE’ on 25.08.2010. Paras 3 and 4 of the notification issued by the ‘NCTE’ on 23.08.2010 read as follows:- “3. Training to be undergone.- A person- (a) with BA/B.Sc. with at least 50% marks and B.Ed qualification shall also be eligible for appointment for class 1 to V upto 1st January 2012, provided he undergoes, after appointment, an NCTE recognized 6 month special programme in Elementary Education. (b) With D.Ed (Special Education) or B.Ed (Special Education) qualification shall undergo, after appointment, an NCTE recognized 6-month special programme in Elementary Education. 4. (b) With D.Ed (Special Education) or B.Ed (Special Education) qualification shall undergo, after appointment, an NCTE recognized 6-month special programme in Elementary Education. 4. Teacher appointed before the date of this Notification.-The following categories of teachers appointed for classes 1 to VII prior to date of this Notification need not acquire the minimum qualifications specified in Para (1) above,: (a) A teacher appointed on or after the 3rd September 2001 i.e. the date on which the NCTE (Determination of Minimum Qualifications) for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time) came into force, in accordance with that Regulation. Provided that a teacher of class 1 to V possessing B.Ed qualification, or a teacher possessing B.Ed (Special Education) or D.Ed (Special Education) qualification shall undergo an NCTE recognized 6-month special programme on elementary education. (b) A teacher of Class 1 to V with B.Ed qualification who has completed a 6-month Special Basic Teacher Course (Special BTC) approved by the NCTE; (c) A teacher appointed before the 3rd September, 2001, in accordance with the prevalent Recruitment Rules.” 3. Thereafter, the ‘NCTE’ issued another notification on 29.07.2011 wherein Para 3 of the Principal Notification was substituted by the following:- “(III) For para 3 of the Principal Notification the following shall be substituted, namely:- (i) Training to be undergone.- A person- (a) with Graduation with at least 50% marks and B.Ed. qualification or with at least 45% marks and 1-year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition Norms and Procedure) Regulations issued from time to time in this regard shall also be eligible for appointment to Class 1 to V up to 1st January, 2012, provided he/she undergoes, after appointment, an NCTE recognized 6-month Special Programme in Elementary Education; (b) with D.Ed. (Special Education) or B.Ed. (Special Education) qualification shall undergo, after appointment an NCTE recognized 6-month Special Programme in Elementary Education. (ii) Reservation Policy: Relaxation up to 5% in the qualifying marks shall be allowed to the candidates belonging to reserved categories, such as SC/ST/OBC/PH.” Insofar as Para 4 of the Principal Notification is concerned, the same was not touched. The respondents-State through the Directorate of Elementary Education issued a letter dated 9th December, 2013 wherein it has been observed as under:- “In addition to those PAT’s & EGS (GVU’s) who are having qualification of B.Ed. will not be required to pass to D.EI. Ed. The respondents-State through the Directorate of Elementary Education issued a letter dated 9th December, 2013 wherein it has been observed as under:- “In addition to those PAT’s & EGS (GVU’s) who are having qualification of B.Ed. will not be required to pass to D.EI. Ed. course if they have secured above 50% marks in graduation in case of general category and 45% marks in case of SC,ST and OBC candidates, however they have to undergo a special course of six months as per guidelines of NCTE/NIOS, modalities of which will be circulated latter.” 4. The case of the petitioners is that they all are graduates in different disciplines and are in possession of B.Ed. degree from the institution recognized by respondent No.3 and ar e having more than 45% marks in graduation and more than 50% marks in B.Ed. and the eligibility of training as contained in the earlier notification of the ‘NCTE’ dated 23.08.2010 was substituted by the notification dated 29.07.2011 wherein it was clearly provided that graduates with 50% marks and B.Ed. qualification or with at least 45% marks and one year Bachelor in Education (B.Ed.) in accordance with the ‘NCTE’ recognition norms, procedure and regulations issued from time to time shall have to undergo training of six months while the respondents/State was still insisting that the petitioners would have to undergo two years training in terms of the letter dated 9th December, 2013. 5. The respondents in their reply have made the following submissions:- “19. That in reply to this para it is submitted that the Govt. vide letter No. EDN-C-B(2)4/2003-III-L dated 19.12.2013 submitted a joint proposal to the NCTE for untrained in-service teachers in H.P. for D.EI.Ed. course with NIOS for seeking approval for 3648 untrained in service teachers, in which 3278 teachers were those, who fulfill the qualification as per NCTE norms. The NCTE vide its letter dated 7.3.2014 has conveyed the approval for 3278 untrained in service teachers to undergo training under D.EI.E.D program through ODL mode for two years. course with NIOS for seeking approval for 3648 untrained in service teachers, in which 3278 teachers were those, who fulfill the qualification as per NCTE norms. The NCTE vide its letter dated 7.3.2014 has conveyed the approval for 3278 untrained in service teachers to undergo training under D.EI.E.D program through ODL mode for two years. It is submitted that the replying respondent had earlier issued letter to all the Deputy Directors on 9.12.2013 regarding application form for admission to two years D.EI.ED Course from NIOS for those untrained in service teachers i.e. PATs and EGS (GVU) who have secured above 50% marks in plus two exam in case of general category candidates and 45% marks in case of SC/ST and OBC candidates and also to those PATs and EGS (GVUs) who are graduate in any discipline. As such this two years course was approved only for those teachers who are 10+2 and have secured above 50% marks and those who are having BA qualification. It is further submitted that as per National Council for Teacher Education (NCTE) Notification dated 23rd August, 2010 as annexed as Annexure PE the candidates who are graduate with 50% marks and have acquired B.Ed degree, they have to undergo a special course of six months as per guidelines of NCTE/NIOS in case of general category and 45% marks in graduation and B.Ed. in case of reserved category. It is further submitted that as per amended norms of NCTE dated 29.07.2011 as annexed as Annexure PF the candidate who are graduate with 50% marks and B.Ed. qualification or with at least 45% marks and 1 year Bachelor in Education (B.Ed.) in accordance with the NCTE (Recognition, Norms and Procedure) regulation issued from time to time in this shall also be eligible for appointment to class I to V up to 1st January, 2012 provided he/she undergoes after appointment an NCTE recognition 6 months Special Programme in Elementary Education. The petitioners are graduate, but having less than 50% marks and have acquired B.Ed. degree, they have to undergo a special course of six months as per guidelines of NCTE/NIOS in case of general category and 45% marks in graduation & B.Ed. in case of reserved category. The petitioners are graduate, but having less than 50% marks and have acquired B.Ed. degree, they have to undergo a special course of six months as per guidelines of NCTE/NIOS in case of general category and 45% marks in graduation & B.Ed. in case of reserved category. The petitioners are graduate, but having less than 50% marks and have also acquired B.Ed degree have to undergo D.EL.ED course from NIOS as per notification issued by NCTE from time to time.” 6. We have heard the learned counsel for the petitioners and Mr. Shrawan Dogra, learned Advocate General, assisted by Mr. Romesh Verma, Mr. V.S. Chauhan, Additional Advocate Generals, Mr. J.K. Verma and Mr. Kush Sharma, Deputy Advocate Generals, for the respondents/State of Himachal Pradesh. 7. It has not been disputed at the Bar by the learned Advocate General that the training to be imparted to the teachers would be governed by the norms issued by the ‘NCTE’ from time to time as it is this body alone which has been recognized as the “Academic Authority” under the Act. It is further not disputed by the learned Advocate General that the State of its own does not lay down any qualification and has to abide by the qualifications and other norms laid down by the Academic Authority in accordance with the provisions of the Act. If that be the position, it cannot be disputed that letter Annexure PG insofar as it is in variance with the latest instructions issued by the ‘NCTE’ on 29th July, 2011 will have to be declared bad in law. 8. Accordingly, the present petitions succeed and the impugned order dated 09.12.2013 (Annexure PG) is quashed in part to the extent it prescribes qualifications in variance to the notification issued by the ‘NCTE’ on 29th July, 2011. 9. Insofar as the other relief regarding refund of a sum of Rs.6,000/- spent by the petitioners for undergoing for the 1st Year training programme at the behest of the Government through the District Institute of Education Training (‘DIET’) is concerned, the petitioners, if they so choose, may make a representation to the Government which will be considered on its own merits. Accordingly, the writ petitions are allowed to the extent mentioned above. The pending applications, if any, also stands disposed of.