Devesh Sharma vs Union of India and Ors.

Court

Supreme Court of India

Date

11 August 2023

Case No.

Civil Appeal No. 5068 of 2023

Result

Dismissed

Bench

Aniruddha Bose, Sudhanshu Dhulia

Citation

[2023] 11 S.C.R. 167 : 2023 INSC 704

Issue for consideration

Whether National Council for Teacher Education-NCTE vide notification dated 28.06.2018, was right in including B.Ed. qualification as an equivalent and essential qualification for appointment to the post of primary school teacher (Level-1); and whether the High Court was justified in quashing the said notification, holding the B.Ed. candidates to be unqualified for the posts of primary school teachers (Level-1). Right to Education Act, 2009 – s. 23(1) – Appointment to the post of primary school teachers – Inclusion of B.Ed as a necessary qualification by NCTE vide notification dated 28.06.2018 – Justification: Held : Not justified – B.Ed. is not a qualification for teachers at Primary level of schooling – Pedagogical skills and training required from a teacher at Primary level is not expected from a B.Ed. Trained teacher – They are trained to teach classes at higher level, post primary, secondary and above – For Primary level i.e. class I to class V the training is D.El.Ed-Diploma in elementary education – Thus, by implication the inclusion of B.Ed. as a qualification amounts to lowering down of the ‘quality’ of education at Primary level – Need for ‘quality’ and meaningful primary education has been emphasized by the legislature as well as by the academic authority – In primary education, any compromise on ‘quality’ of education would mean going against the very mandate of Article 21A and the RTE Act – Thus, the decision of the NCTE to include B.Ed. as a qualification for teachers in a primary school is arbitrary, unreasonable and has no nexus with the object sought to be achieved by the Act – NCTE had so far consciously kept B.Ed. Degree out of the eligibility requirement – Thus, the High Court rightly struck down the notification dated 28.06.2018. [Paras 27, 29, 31, 33 and 34]

Headnote

Administrative law – Policy decision – Introduction of B.Ed. as a qualification for teachers in primary school by NCTE vide notification dated 28.06.2018, on the directions of the Central Government – Interference with:

Held : Policy decisions of the Government should normally not be interfered with, by a constitutional Court in exercise of its powers of judicial review – Powers of judicial review must be exercised only if the policy decision itself is contrary to the law and is arbitrary and irrational, or a decision has been taken without proper application of mind, or in total disregard of relevant factors – Decision to include B.Ed. as a qualification is not an independent decision of NCTE, but was the decision of the Central Government and NCTE was simply directed to carry it out being a direction u/s. 29 of NCTE Act – This cannot be seen as a policy decision – Even presuming it to be a policy decision, the decision is not correct as it is contrary to the purpose of the Act – It goes against the letter and spirit of Art. 21A and the RTE Act, which calls for a free, compulsory and meaningful primary education to children – By including B.Ed. as a qualification for teachers for primary school, the Central Government has acted against the provisions of the Constitution and the laws – Notification dated 28.06.2018 is quashed and set aside – National Council for Teacher Education Act, 1993 – s. 29 – Judicial review. [Paras 36 and 37] Constitution of India – Art.21A – Right to education – Fundamental right:

Held : Every child upto 14 years of age, has a fundamental right to have ‘free’ and ‘compulsory’ elementary education, which has to be of good ‘quality’ – The same is the object and purpose of the Right to Education Act, 2009. [Para 17]

LIST OF CITATIONS AND OTHER REFERENCES

Unni Krishnan J.P. versus State of Andhra Pradesh and Ors. AIR 1993 SC 2178 : [1993] 1 SCR 594; Dilip Kumar Ghosh and Others versus Chairman and Others (2005) 7 SCC 567 : [2005] 3 Suppl. SCR 158; P.M. Latha and Another versus State of Kerala and Others (2003) 3 SCC

CASE DETAILS DEVESH SHARMA v. UNION OF INDIA AND ORS. (Civil Appeal No. 5068 of 2023) AUGUST 11, 2023 [ANIRUDDHA BOSE AND SUDHANSHU DHULIA, JJ.] HEADNOTES Issue for consideration : Whether National Council for Teacher Education-NCTE vide notification dated 28.06.2018, was right in including B.Ed. qualification as an equivalent and essential qualification for appointment to the post of primary school teacher (Level-1); and whether the High Court was justified in quashing the said notification, holding the B.Ed. candidates to be unqualified for the posts of primary school teachers (Level

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