In a significant judgment delivered on August 28, 2024, the Supreme Court of India reaffirmed that a Bachelor in Education (B.Ed.) is not a valid qualification for primary school teachers, maintaining its previous ruling in the case of Devesh Sharma v. Union of India (2023 INSC 704). The judgment was delivered by a bench comprising Justice Sudhanshu Dhulia and Justice Pankaj Mithal, who dismissed a series of Special Leave Petitions (SLPs) challenging the disqualification of B.Ed. holders from teaching positions in primary schools.
Background of the Case
The case originated from a judgment by the Rajasthan High Court on November 25, 2021, which stated that the essential qualification for the appointment of primary school teachers (Class I to V) is a Diploma in Elementary Education (D.El.Ed.) and not a B.Ed. This decision was challenged, leading to the Supreme Court’s decision on August 11, 2023, in Devesh Sharma v. Union of India. The apex court upheld the Rajasthan High Court’s judgment, quashing a 2018 notification by the National Council for Teacher Education (NCTE) that made B.Ed. holders eligible for primary teaching positions.
The Supreme Court’s ruling affected numerous B.Ed.-qualified candidates who had already been appointed as primary school teachers based on the earlier notification. However, the court clarified that its decision would apply prospectively, protecting the appointments made before August 11, 2023.
Legal Issues Involved
The primary legal issue revolved around the interpretation of eligibility criteria for primary school teachers as per the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) and the validity of the NCTE’s 2018 notification. The court had to determine whether B.Ed. could be considered equivalent to or better than D.El.Ed. for teaching young children.
The matter gained renewed attention when the Chhattisgarh High Court, following the Supreme Court’s judgment in Devesh Sharma, declared all B.Ed.-qualified candidates ineligible for primary school teacher positions. This decision prompted further petitions by affected B.Ed. candidates and the state of Chhattisgarh, challenging the High Court’s ruling and seeking relief.
Supreme Court’s Decision and Observations
Dismissing the petitions, the Supreme Court reaffirmed its stance that B.Ed. is not a valid qualification for teaching in primary schools. The court reiterated its earlier order dated April 8, 2024, stating:
“As it appears that a large number of candidates with B.Ed. degree had already been appointed on the basis of eligibility criteria specified by the educational authorities, we do not think it to be equitable to effect their removal. We, accordingly, hold that the judgment delivered by this Bench on 11th August, 2023, shall have prospective operation.”
The court further clarified that the protection from disqualification only applies to candidates appointed before the cut-off date of August 11, 2023. For candidates appointed after this date, no such relief would be granted.
Justice Sudhanshu Dhulia, writing for the bench, stated:
“B.Ed. is not a qualification for a teacher in a Primary School. This aspect has already been clarified in the order dated 08.04.2024, where only such candidates have been saved who were selected and appointed prior to our order dated 11.08.2023 in Devesh Sharma (supra).”
The court also addressed the argument that the 2019 recruitment rules of Chhattisgarh allowed for B.Ed. as an eligible qualification. The bench pointed out that these rules were based on the now-quashed 2018 NCTE notification, rendering them void. The court noted:
“Qualification given in the Chhattisgarh Rules to the extent it makes B.Ed. a qualification also cannot be implemented, following the law laid down in Devesh Sharma.”
Parties Involved and Representation
The petitioners, primarily B.Ed.-qualified candidates and the state of Chhattisgarh, were represented by Senior Advocate Mr. Shrivastava. The respondents included the Union of India and the National Council for Teacher Education (NCTE).
