Candidates With B.Ed. Not Eligible For Primary School Teaching Jobs: Patna High Court

The division bench comprising Chief Justice K. Vinod Chandran and Justice Rajiv Roy observed, “The writ petitions are allowed with the finding that the notification dated 28.06.2018, issued by 'the NCTE' is no longer applicable and the B.Ed candidates cannot be considered eligible for appointment as primary school teachers.”

“It goes without saying that the appointments made will have to be reworked and the eligible candidates as per the original notification of 'the NCTE' of the year 2010 can only be continued in the post to which they have been appointed. The State would also take a decision as to whether the vacant posts falling vacant on such reworking are to be filled up from the merit list available with the State, of the candidates eligible for appointment as primary school teachers,” the bench added.

The aforementioned judgment was delivered in a series of writ petitions that contested the eligibility of B.Ed. candidates for primary school teacher appointments, citing a 2018 NCTE notification. However, the Supreme Court invalidated the said notification in the case of Devesh Sharma v Union of India 2023 LiveLaw (SC) 633.

The petitioners raised objections against the notification, and a parallel challenge in the Rajasthan High Court was upheld, ultimately influencing the Supreme Court's decision. Despite the ongoing legal challenge, the High Court permitted the selection process to proceed, with the final verdict hinging on the outcome of the writ petitions.

The question that arose before the bench was 'whether there is any justification for the argument that the declaration made in Devesh Sharma (supra) is prospective in nature.'

The High Court in its judgement pointed out that much has been argued about the Supreme Court having noticed that the Rajasthan Government when issuing an advertisement had not included the qualification of B.Ed candidates; especially when they were made eligible as per the statutory notification of 'the NCTE', which was also binding on the Rajasthan Government.

The Court opined, "This impliedly indicates the prospective overruling is the contention raised; which we are unable to accept. The above observation was only in the context of the Rajasthan High Court, having set aside the notification dated 28.06.2018; in the operative portion of its judgment held that the State Government could not have ignored the notification of 'the NCTE' while issuing the advertisement.”

“The Rajasthan High Court had then clearly stated that since the notification itself was declared illegal the issue was only one of academic value,” the Court added.

The High Court highlighted that the minimum qualification for primary teachers, initially established as a Diploma in Elementary Education by a 2010 NCTE notification, changed in 2018 to incorporate B.Ed. graduates. However, this modification was subsequently invalidated.

The Court said that the Supreme Court had only affirmed the observation made by the Rajasthan High Court that when a statutory notification is issued by the academic authority authorized to issue such directions, the State Government ought not to have ignored it and that it cannot be assumed to be unconstitutional, till it is so declared illegal or unconstitutional by the Courts of law.

The Court further said that this does not for a moment restore the eligibility of the B.Ed candidates to appear for the selection in the State of Rajasthan.

“When the decision did not confer such a benefit to the candidates of the selection which was subjected to challenge therein; there is no question of that being allowed in a selection similarly challenged, which writ petition is being now disposed off in the light of the binding decision of the Hon'ble Supreme Court,” the Court added.

The Court reiterated that the High Court of Rajasthan had specifically observed the action of the State, in not following the statutory mandate, which is only to put the matter in the correct perspective of law, not inuring to the benefit of the B.Ed holders, especially in the context of the setting aside of the notification of 'the NCTE'.

The observation regarding the illegality of the advertisement issued by the State was only academic in nature, the Court said.

The Court found absolutely no reason to permit the notification issued by 'the NCTE', which was challenged in the above batch of writ petitions, to be acted upon, though the selection is prior to the judgment of the Hon'ble Supreme Court.

The Court said that it was bound by the decision of the Supreme Court and so was the State, under Article 141 of the Constitution, which has been reaffirmed in Annexure-P/12 order of the Hon'ble Supreme Court produced in C.W.J.C. No. 16055 of 2023, by a three Judges Bench of the Hon'ble Supreme Court following Devesh Sharma (supra).

Accordingly, the Court allowed the writ petitions with the finding that the notification dated 28.06.2018, issued by 'the NCTE' was no longer applicable and the B.Ed candidates cannot be considered eligible for appointment as primary school teachers.

Counsel/s For the Petitioner/s : Mr. Rajendra Narain, Sr. Advocate Mr. Abhinav Srivastava, Advocate For the State : Mr. Apurva Kumar, Sr. Advocate For the Intervenor : Mr. Mrigank Mauli, Sr. Advocate Mr. Mukesh Kumar, Advocate Mr. Ashish Giri, Advocate For the NCTE : Mr. Sunil Kumar, Advocate

Case Title: Lalan Kumar Yadav & Ors vs The State of Bihar & Ors

LL Citation: 2023 LiveLaw (Pat) 141

Case No.: Civil Writ Jurisdiction Case No. 5053 of 2021

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