Supreme Court To Examine Chhattisgarh HC Judgment Quashing Appointment Of B.Ed Degree Holders As Primary School Teachers

The Supreme Court on Wednesday (July 4) agreed to consider the validity of a judgment of the Chhattisgarh High Court setting aside appointments of B.Ed degree holders as Assistant Teachers at primary schools. 

The vacation bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah was hearing the challenge to the setting aside of the rule allowing B.Ed. -qualified candidates to be eligible for the post of primary school teachers and the subsequent quashing of their appointments. 

The present batch of petitions has challenged the judgement of the Chhattisgarh High Court's bench of Chief Justice Ramesh Sinha and Justice Arvind Kumar Verma dated April 2, 2024. The impugned order declared the rule enabling B.Ed. as eligible qualification for the post of Assistant Teacher (Class I to V) as illegal and without jurisdiction based on the reasoning given in Apex Court's decision in Devesh Sharma v. UOI.  

One of the counsels contended that despite the refilling of vacancies for the post of Assistant Teacher there were still 1500 appointments left vacant. The impugned order quashed the appointments of B.Ed-qualified candidates as opposed to those candidates who held a diploma in Elementary Education. 

Considering that the matter would require a detailed hearing at length, the bench adjourned it to August.

The Challenge Before The Chhattisgarh High Court

The High Court quashed the Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules 2019 which prescribed the qualification of B.Ed. under Rule 8(III) as eligibility criteria for Assistant Teacher of primary school. 

The Impugned order has additionally declared the notification dated 28.06.2018 issued by the National Council of Teacher Education as ultra vires. The notification prescribed B.Ed. Degree holders eligible for appointment to the post of primary school teachers (Class I to V). 

The subsequent advertisement dated May 4, 2023, which B.Ed degree holders to apply for the selection process and consequent appointments for the post of 'Assistant Teacher' were also set aside. The State Government was directed to rearrange the selection list under the provisions of the Rules 2019 by excluding the B.Ed-qualified candidates who participated in the selection process.  

It may be noted that in August 2023 the Supreme Court upheld the decision of the Rajasthan High Court which had made B.Ed. (Bachelor of Education) degree holders ineligible for appointment to the post of primary school teachers.

The bench comprising Justice Aniruddha Bose and Justice Sudhanshu Dhulia opined that the fundamental right of primary education in India as guaranteed under Article 21A of the Indian Constitution as well as the Right to Education Act, 2009 not just included 'free' and 'compulsory' education for children below 14 years of age but also included 'quality' education to be imparted in such children. As per the Supreme Court, B.Ed. degree holders did not pass the basic pedagogical threshold required for teaching primary classes and thus would not be able to provide 'quality' education to primary school children. 

Case Details: NAVIN KUMAR AND ORS. Versus UNION OF INDIA AND ORS. DIARY NO. - 17948/2024

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