Right of Children to Free and Compulsory Education Act, 2009 – s.23 – Eligibility criteria for recruitment of teachers – Selection of Assistant Teachers – Private respondentsresidents of Jharkhand having cleared the Central Teacher Eligibility Test-CTET or neighbouring states’ Teacher Eligibility Test-TET sought permission to participate in the recruitment process for the post of Assistant Teacher in Jharkhand or sought directions against the State to conduct the JTET – Private respondents contended that the State of Jharkhand conducted the last JTET in the year 2016 and since then failed to conduct JTET, which caused irreparable loss to thousands of eligible aspirants, waiting for recruitment as teachers in Jharkhand – High Court permitted the private respondents to participate in the recruitment process for the post of Assistant Teacher, with the stipulation to clear the JTET in the first chance available within three years from the date of appointment, and in case the JTET is not conducted within the next three years, the candidates who had cleared the examination process shall not be removed from service – Challenged by the appellants, who have cleared the JTET:
Held: Impugned judgment of the High Court permitting the candidates of CTET and STET holders of neighbouring States to participate in ongoing selection process to the post of Assistant Teacher of Primary and Upper Primary schools pursuant to Advertisement set-aside – On the date of commencement of recruitment process and on the date of publication of Advertisement, the members of the respondent no. 6 and son/daughter of respondent no. 7 did not possess the requisite qualification as specified in the 2022 Recruitment Rules – Giving concession by the Advocate General on the basis of oral instructions to allow the CTET candidates or STET of neighbouring States in the ongoing selection process, not in consonance with law, it amounts to arbitrary alteration of eligibility in the ongoing recruitment process mid-way – Passing of TET conducted by the State for the schools as defined in s.2(n) essential on the date of commencement of the recruitment process, which is posited in the 2022 Recruitment Rules as well as the Advertisement – State Government had not taken any decision to not to conduct the TET prior to the date of commencement of the recruitment process to fulfil the prerequisite of para 10(b) and the notification of Central Government relaxing the minimum qualification as prescribed u/s.23(2) also not on record – State could not have changed the eligibility criteria as laid down after the point of time of issuance of the advertisement, in the absence of any power in the relevant recruitment rules or the advertisement to give effect to such a change – Thus, the Revised eligibility criteria by 2024 amended rules cannot be applied to the ongoing recruitment process initiated under the Advertisement, as doing so would amount to altering the rules of the game after the recruitment process has commenced – Directions issued by the High Court amounts to change in eligibility criteria in the ongoing recruitment process – Concession given by the Advocate General was contrary to the stand of the State Government which is unconscionable, unjustified and unfair – JTET holders who were possessing the requisite qualification under the 2022 Recruitment Rules, prior to the 2024 Amendment and participated to be eligible for appointment and their result be declared forthwith and the appointments be made strictly on merit – CTET holders or STET holders, who have applied after the judgment of the High Court or after amendment in the rules or advertisement would not be eligible for the recruitment in furtherance to the Advertisement – Assistant Acharya Cadre (Appointment, Promotion and Conditions of Service) Rules, 2022. [Paras 34-63]
Education/Educational Institutions – Role of teachers in nation building – Importance of:
Held: [Per Rajesh Bindal J.] Role played by a teacher especially when dealing with students in primary schools is of utmost importance – Teachers educate the young minds, to mould them into better human beings – Imprint a teacher leaves on the minds of their students is everlasting – Social media has overpowered our lives and so the cyber-bullying, which is affecting students more – Proper guidance is essential to educate them at an early stage, enabling them to discern right from wrong – In this context, the role of a teacher is crucial – It is the duty of the teacher to guide the students as to how to make a distinction – Positive and negative applications of artificial intelligence are being experienced by everyone today – In this context, the role of teachers becomes crucial, as they can guide students on the dos and don’ts of use of technology – With the change in scenario, it is the utmost duty of a teacher to apprise the young minds and also guide them regarding safe use of technology – This is one of the important areas where teachers also need to appreciate their responsibility besides formal education, to prepare them to be responsible citizens of the country. [Paras 2, 9, 10, 12]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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