In a significant verdict, the Patna High Court has nullified the 2018 notification issued by the National Council for Teachers Education (NCTE), declaring B.Ed as a mandatory qualification for the appointment of primary school teachers. The court emphasized that individuals holding B.Ed degrees are ineligible for positions as primary school teachers. The ruling further mandates a reevaluation of appointments made under the invalidated notification.
Reevaluation of Appointments Ordered
The High Court’s ruling, delivered by the division bench of Chief Justice K. Vinod Chandran and Justice Rajeev Rai, explicitly stated that appointments made based on the 2018 NCTE notification must be revisited. According to the original 2010 NCTE notification, candidates with the requisite qualifications can continue in the posts to which they were initially appointed.
Exclusivity of D.El.Ed Degree for Primary Class Appointments
The division bench clarified that only candidates possessing a D.El.Ed degree will be considered eligible for appointment as primary school teachers. This decision stems from petitions filed by individuals, including Lalan Kumar and others, challenging the NCTE’s 2018 notification, which had allowed B.Ed degree holders to be considered for primary class teaching positions. The Supreme Court had previously invalidated this notification.
Background: Supreme Court’s Cancellation of NCTE Notification
The NCTE, on June 28, 2018, had issued a notification permitting the appointment of B.Ed degree holders as primary school teachers, with a provision for a 6-month bridge course within two years. However, in the case of Sarvesh Sharma vs Central Government and others, the Supreme Court overturned this provision, leading to the cancellation of the NCTE’s notification.
This ruling by the Patna High Court clarifies the qualifications required for primary school teachers and highlights the legal landscape surrounding teacher appointments in Bihar.
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