Chhattisgarh High Court Revokes B.Ed Eligibility for Primary Teachers: A Legal Battle for Quality Education
Category: Legal News
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It argued that the provision in the rule that allowed B.Ed holders to qualify for these jobs was flawed It gave reason for its ruling The court cited a Supreme Court decision in 2000. The controversy arose because B.Ed-qualified candidates were appointed while those with a diploma in Elementary Education were left out. Despite refilling vacancies, around 1500 positions remained vacant, prompting further scrutiny.
The focus of the verdict of High Court was on the Chhattisgarh School Education Services (Educational and Administrative Cadres) Recruitment and Promotion Rules 2019. The position of assistant teacher in primary school was only open to those willing to work as B.Ed. This ad continued, “This court also declared a 2018 notification made by the National Counseil of Teacher Education (NCTE) as ultra vires; the regulation allowed appointment of assistant teachers on basis of having a B.Ed. degree.” The consequent advertisement inviting B.Ed holders to apply in the selection process in May 2023 was also disregarded. The State government was told to re-do the selection list without candidates with B.Ed in the initial process.
It is important to note that the SC in August 2023 upheld another SC ruling from January that year where it said B.Ed degree holders were not qualified to teach at primary schools. Rejecting contentions that free and compulsory education in India are only such without anything else attached to them, the bench observed definitively that: The right to elementary education under Article 21-A of the Indian Constitution and the Right to Education Act, extends beyond mere 'free' and 'compulsory' education—it also encompasses the provision of 'quality' education for children below 14 years of age¹². The matter is now scheduled for further hearing in August.
Update
The appointments of B.Ed degree holders as Assistant Teachers in primary schools has sparked legal battle over eligibility criteria after Chhattisgarh High Court recently invalidated them. Quashing its own regulation from 2019 that prescribed B.Ed as a valid academic requirement for the job this rule book was titled “Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules." Moreover, a 2018 notification by the National Council of Teacher Education (NCTE) was held ultra vires by the court allowing holders of B.Ed degree to qualify for such appointments. It was only in May 2023 when an advert asked them to partake in the interviews, however, the High Court also dismissed this. Refilling the positions, 1500 of them are still yet to be filled leading to more investigation. August 2023 saw supreme court ruling like one that recognized that India’s primary education should not just be ‘free’ and ‘compulsory 'but also provide for children below 14 years 'quality' education. The matter is now scheduled for further hearing in August, and the debate continues over the eligibility criteria for Assistant Teacher positions in Chhattisgarh.
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Written by: Adv Anik
