State Rules Violate NCTE Regulation: MP High Court Strikes Down 2nd Division In Masters Degree Criteria For Selecting High School Teachers

Background

As per the factual matrix of the case, the petitioners are aspirants for appointment to the post of High School Teacher in the state's School Education Department and had challenged Column No. 5 to Entry-1 to Schedule III of M.P. State School Education Service (Educational Branch) Service Conditions and Recruitment Rules, 2018 on the ground that Column No.5 captioned as “educational qualification” is ambiguous and contrary to NCTE Regulations.

Column 5 of Entry 1 of Schedule III which provides requisite minimum qualification for High School Teacher states, “Masters Degree in the relevant subject with Second division and Bachelor of Education (B.Ed.) or its equivalent.”

The petitioners submitted that the aforesaid requirement of “Second Division” in Masters degree in the eligibility criteria was ambiguous and non-specific. Further, it was contended that there is no uniformity amongst various universities in India and in the State of Madhya Pradesh as Different universities treat Second Division differently. Some universities treat Second division on basis of marks 45% and above whereas some universities treat Second division as marks 50% and above.

The petitioners submitted that the NCTE Regulations do not provide for any ambiguous term like 'Second Class or Second Division'. It instead provides for specific percentage of marks so as to ensure uniformity in the selection process.

Further as per Rule 4A of the The M.P. Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Rules 1998, relaxation has been granted to candidates of SC/ST category to get 10% relaxation in minimum qualifying marks but their selection shall be made on the basis of merit of selection list of SC/ST candidates. However, the said Rule has not been engrafted in the Schedule III of Rules of 2018.

On the contrary, the Counsel for State contended that the State is not bound to maintain uniformity in the matter of service rules for appointment of teachers at par with NCTE regulations because the State has power to determine condition of service of employees serving the State under Article 309 of the Constitution of India.

It was further argued that it is not mandatory for the State to provide relaxations and concessions as per Articles 16(1) and 16 (4) of the Constitution of India since these provisions are only enabling provisions which enable the State to make provisions.

Findings

No difference in syllabus yet Universities determined divisions differently

Referring to UGC Regulations, 2010, the Court noted that even the UGC had realized the position that prescribing class/division in place of specified marks was an ambiguous and arbitrary rule and has done away with that.

The Court further noted that all State Universities have unified syllabus which is more or less the same and there is no remarkable difference in the syllabus, examination system and teaching; yet different State Universities were adopting different yardstick to determine Second or Third division.

“Merely on the basis of the position that each University is treating different marks as Second division marks, it cannot be inferred by this Court that there has been application of mind by each University in determining its own level of cut off of Second or Third division,” the Court observed.

Not open for State to frame rule contrary to NCTE Regulations

Referring to Section 12-A of the National Council for Teachers Education Act 1993, the Court clarified that NCTE has the power to determine minimum standards of Education for school teachers.

Further, the Court referred to the judgement of Supreme Court in State of U.P. vs. Shiv Kumar Pathak (2018) and said, "The Supreme Court has conclusively held that it is not open to the State Government to frame any rule contrary to NCTE Regulation and that is exactly what has been done in the present case". 

Thus, the Court noted that NCTE has laid down specific percentage of marks, which has not been followed by the State Government in Schedule III Rules of 2018. “Regulations framed by the NCTE would take primacy over the statutory rules framed by the State Government for a matter, which falls in the concurrent list and has held so by the Supreme Court in the case of Shiv Kumar Pathak (supra).”, the Court said.

SC/ST candidates entitled to relaxation of minimum qualifying marks

On not giving relaxation to socially and educationally backward classes, the Court said that the legislations and subordinate legislations framed in the matter of granting reservations or concessions to socially and educationally backward classes is traceable to Articles 16 (1) and 16 (4) of the Constitution. Therefore, once the State Government has taken a decision to grant relaxation in qualifying marks, then there was no reason why the said relaxation was not engrafted in the Entry-I of Schedule III of the Rules of 2018.

Thus, the Court held that the SC/ST candidates shall be entitled to 5% relaxation in minimum qualifying marks in Masters/Post Graduate Degree and their selection shall be made on the basis of merit of selection list of SC/ST candidates in accordance with Rule 4-A of Rules of 1998.

As a consequential relief, the Court has asked the State to conduct a supplementary recruitment to the recruitment process conducted in the year 2023 and to give opportunity to all the candidates, who may be benefited by the order to participate in the recruitment test and process. “Let supplementary recruitment process be initiated within two months and completed within six months from the date of this order,” the Court said.

The Court further observed, “The State would be under obligation to carve out a provision for the relaxation of 5% qualifying marks for OBC as well as PWD candidates, as already accepted by its expert committee, for all future recruitments.”

The petition was allowed.

Case Title: Avnish Tripathi Versus The State Of Madhya Pradesh And Ors, Writ Petition No. 12985 Of 2021

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