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Meghalaya High Court · body

2019 DIGILAW 84 (MEG)

Daiamonlang M. Skhemlon v. State of Meghalaya

2019-03-25

H.S.THANGKHIEW

body2019
JUDGMENT : 1. Heard Mr. A.H. Hazarika, learned counsel appearing on behalf of the petitioners as well as Mr. H. Kharmih, learned GA appearing on behalf of the State respondent No. 1-8. 2. The brief facts of the case is that: The petitioners in the writ petition numbering about 44(forty four) are the existing L.P. School Teachers of different Government L.P. School, Deficit, Adhoc and S.S.A. L.P. Schools in the East Khasi Hills District, West Khasi Hills District and Ri-Bhoi District. It is not disputed that they were appointed on various dates from 2000 to 2009-10, prior to 23.08.2010 by their respective School Managing Committees and their appointments has since been duly approved by the State Respondents and since their appointments, the petitioners are continuing in service till date. 3. That initially, the prescribed minimum education qualification for appointment of L.P. School Teachers was H.S.S.L.C or S.S.L.C (Matriculate), and thereafter by notification dated 31.01.2004 issued by the Commissioner and Secretary to the Government of Meghalaya, Education Department, Shillong, the prescribed minimum education qualification for L.P. School Teacher was PUC/HSSLC/Class-XII passed or its equivalent. Vide notification dated 01.04.2015, it was stipulated that "NCTE norms would came into effect from 23rd August, 2010 and it was specified therein that only those candidates who fulfill the NCTE norms may be considered for appointment as Assistant Teacher in L.P/U.P Schools. These specified norms are applicable to all categories of all schools". 4. The State Project Director, SEMAM (SSA) and Secretary, Education Department, Meghalaya, Shillong, vide notification dated 13.10.2014 issued to all the Districts Mission Coordinators a direction that all the elementary teachers of SSA supported schools appointed after 3rd September, 2001 whose percentage is below 45% in the Class XII Exams, were to re-appear in the H.S.S.L.C Exam, 2015 conducted by MBOSE in order to meet the minimum qualification specified by NCTE. The said notification and subsequent notification dated 14.10.2014, were impugned as being without jurisdiction and without having any authority of law, inasmuch as it was contended that the Executive Chairman, MBOSE, Tura had no jurisdiction or authority to issue such directions as they were contrary to the NCTE norms. The NCTE vide notification dated 23.08.2010 had prescribed the required norms, and the notification itself is quoted herein below: "NATIONAL COUNCIL FOR TEACHER EDUCATION NOTIFICATION New Delhi, the 23rd August, 2010 F. No. 61-03/20/2010/NCTE/(N&S). The NCTE vide notification dated 23.08.2010 had prescribed the required norms, and the notification itself is quoted herein below: "NATIONAL COUNCIL FOR TEACHER EDUCATION NOTIFICATION New Delhi, the 23rd August, 2010 F. No. 61-03/20/2010/NCTE/(N&S). In exercise of the powers conferred by Sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), and in pursuance of Notification No. S.O. 750 (E) dated 31st March, 2010 issued by the Department of School Education and Literacy, Ministry of Human Resource Development, Government of India, the National Council for Teacher Education (NCTE) hereby lays down the following minimum qualifications for a person to be eligible for appointment as a teacher in class I to VIII in a school referred to in clause (n) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009, with effect from the date of this Notification:- 1. Minimum Qualification- (i) Classes I-V (a) Senior Secondary (or its equivalent) with at least 50% marks and 2 year Diploma in Elementary Education (by whatever name known) OR Senior Secondary (or its equivalent) with at least 45% marks and 2 year Diploma in Elementary Education (by whatever name known), in accordance with the NCTE (Recognition Norms and Procedure), Regulations 2002 OR Senior Secondary (or its equivalent) with at least 50% marks and 4 year Bachelor of Elementary Education (B.El.Ed.) OR Senior Secondary (or its equivalent) with at least 50% marks and 2 year Diploma in Education (Special Education) AND (b) Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose. (ii) Classes VI-VIII (a) B.A./B.Sc and 2 year Diploma in Elementary Education (by whatever name known) OR B.A./B.Sc. with at least 50% marks and 1 year Bachelor in Education (B.Ed) OR B.A./B.Sc. 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 OR Senior Secondary (or its equivalent) with at least 50% marks and 4 year Bachelor in Elementary Education (B.El.Ed) OR Senior Secondary (or its equivalent) with at least 50% marks and 4 year BA/B.Sc. Ed or BA. Ed/BSc. Ed. OR B.A./B.Sc. with at least 50% marks and 1 year B.Ed. Ed or BA. Ed/BSc. Ed. OR B.A./B.Sc. with at least 50% marks and 1 year B.Ed. (Special Education) AND (b) Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose. 2. Diploma/Degree Course in Teacher Education.- For the purpose 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. 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 I 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. Teacher appointed before the date of this Notification.- The following categories of teachers appointed for classes I to VIII 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 I 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 I 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. 5. (b) A teacher of class I 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. 5. Teacher appointed after the date of this Notification in certain cases.- Where an appropriate Government, or local authority or a school has issued an advertisement to initiate the process of appointment of teachers prior to the date of this Notification, such appointments may be made in accordance with the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time) Sd/ HASIB AHMAD, Member-Secy. [ADVT III/4/131/10-Exty.]". The said notification referred above reflects the fact that it was to take effect from the date of this notification itself. As such, the fact as it stands is that the prescribed NCTE norms can be applicable only to those teachers who are appointed after 23.08.2010. 5. The petitioners herein who are the writ petitioners in the instant writ petition admittedly all having been appointed before the cut- off date of 23.08.2010 and are in service as on today, as such, they will not be affected by the said notification and the norms stated therein. 6. As per the instructions received by Mr. H. Kharmih, learned GA on the query with regard to the communication dated 18.08.2017 (Annexure-7) he has stated at the bar that this letter will apply only to those teachers who have been appointed after the notification of the NCTE dated 23.08.2010. 7. In view of the facts and circumstances as stated above, the writ petitioners will not come within the ambit of the norms as prescribed by the NCTE notification as they were all appointed prior to 23.08.2010. As such, the writ petition is allowed and disposed of.