Judgment That B.Ed Graduates Can't Be Primary School Teachers Operates Prospectively From August 11, 2023 : Supreme Court Clarifies

In the matter raising the question of Bachelor of Education (B.Ed.) degree holders' eligibility for appointment as primary school teachers, the Supreme Court today clarified that its judgment of August, 2023 shall have prospective application and services of teachers, in whose case the notice of advertisement specified B.Ed. as qualification, shall not be disturbed.

To quote the dictated order, "we hold that the judgment delivered by this Bench on 11.08.2023 shall be prospective in operation but only those candidates who were appointed without any disqualification imposed by any Court of law and were in regular appointment...where notice of advertisement specified B.Ed. as a qualification, their services shall not be disturbed because of this judgment". 

The Bench of Justices Aniruddha Bose and Sudhanshu Dhulia was hearing an application for clarification filed by State of Madhya Pradesh, when it opined that the same was in the nature of a review of the 2023 judgment. Deprecating the practice, the court treated the application as a review petition in view of the pleadings and issued its clarification.

"Considering the fact that B.Ed. applicants are claiming that they had entered their employment as per qualification criteria devised by the appointing authority, [...] it should go in favor of retention of their employment", Bose, J could be heard dictating.

Insofar as the objection raised to the nature of the application filed, the judge observed, "These kind of applications seeking clarification ought not to be entertained. After a final order is passed, the only recourse of seeking alteration of the order is a petition for review. But considering the pleadings in this application seeking clarification, we treat this as a petition for review."

On a request for clarification by Sr Adv Vikas Singh, it was orally remarked by the Bench that its order shall apply to the entire country and not just State of MP.

To recap, in 2023, the top Court concurred with a decision of the Rajasthan High Court and held that children below 14 years of age not only have a right to 'free' and 'compulsory' education but also that of 'quality' education. It was further observed that B.Ed. degree holders did not pass the basic pedagogical threshold required for teaching primary classes and thus could not provide 'quality' education to primary school children.

Subsequently, the present application was filed, seeking a clarification wrt the court's judgment.

On previous hearing, the Court asked the Union of India to apprise if there was any bridge course in operation that teachers with Bachelor of Education (B.Ed.) qualification, who were appointed prior to its judgment in 2023, could take to train themselves to be at par with D.El.Ed(Diploma in Elemetary Education) candidates. The Court further enquired as to how many vacancies for primary teachers were there in the country for the years 2023-2024 and 2024-2025, which remained to be advertised.

Today, Sr Adv Kapil Sibal, appearing for D.El.Ed candidates, urged there were vacancies and if B.Ed. degree holders are given benefits, eligible D.El.Ed candidates would be deprived of opportunity. 

Sr Adv Gopal Sankaranarayanan, on the other hand, apprised the Court that the Union had admitted to there being neither any bridge course nor any vacancies. "The matter ends there, MP's application should go," he said while beseeching the court to record that the private applicants' pleadings were not on record.

Sibal countered saying the matter required to be finally heard and decided in different, state-wise batches. 

When SG Tushar Mehta implored the court to say in its order that all those appointed before the 2023 judgment were saved, Sankaranarayanan objected saying that would defeat the purpose of the judgment and render going to the High Court pointless.

After hearing the counsels, the bench opined, "we find that the question as to whether the judgment should be prospective or not, was not considered by us." It was recorded that no formal notice was issued on State of MP's application, but the pleadings were invited; thereafter, the parties were heard on various occasions and the order passed.

To do away with any confusion regarding the order, Dhulia J summarized before parting, "you will be saved if, when you are selected and subsequently you are appointed, B.Ed. was one of the qualifications...second, if there is no such thing as 'subject to this order, subject to that order'...".

Case Title: Devesh Sharma v. Union of India | Diary No. 4303-2024

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