Punjab & Haryana High Court: Essential For Junior Teacher Candidate To Possess Knowledge In Elementary Education In Conformity With Right To Education Act

The Writ Petition was filed assailing the Order by the Central Administrative Tribunal (CAT) whereby it allowed the Application filed by the Respondents and directed to consider their candidature for recruitment as Junior Basic Teachers, in pursuance of an advertisement. The Court dismissed the Petition, affirming the decision of the CAT.

A Division Bench of Justice Sanjeev Prakash Sharma and Justice Meenakshi I Mehta held, “Therefore, what is essential is that a candidate must possess knowledge in Elementary Education. There are two different qualifications which have been allowed for the said purpose i.e. Diploma in Elementary Education or Bachelor in Elementary Education by NCTE. After coming into force of the aforesaid Regulations of 2010, it was necessary for the State and UT Authorities to have framed their Rules in conformity with the RTE Act and NCTE Act.”

Additional Standing Counsel Madhu Dayal appeared for the Petitioner, while Advocate Parunjeet Singh represented the Respondents.

Brief Facts

The Chandigarh Administration had issued an advertisement specifying the essential qualifications for the posts of Junior Basic Teachers. These qualifications included: a Graduate degree, a Diploma in Elementary Education (D.El.Ed) of at least 2 years, or a Graduation degree with at least 50% marks and a Bachelor of Education (B.Ed) degree, and passing the Central Teacher Eligibility Test.

However, the Respondents were declared ineligible because, while they possessed a Bachelor of Elementary Education (B.El.Ed.) degree, they did not have the two-year Diploma in Elementary Education (D.El.Ed.) as required by the advertisement.

Court’s Observations

The High Court stated, “We find that the Right of Children to Free and Compulsory Education Act, 2009, commonly known as RTE Act, mandates free and compulsory education for children aged 6-14 years and the National Council for Teacher Education (NCTE) laid down the minimum qualification for teachers of various classes.”

“We also find that the post of JBT, i.e. Junior Basic Teacher, required the qualification, as noticed above. However, the NCTE, vide notification dated 23.08.2010, issued in terms of the powers exercised under Sub-section (1) of section 23 of the RTE Act, laid down the minimum qualification for teachers, who would teach Class I to V,” the Bench noted.

The Court remarked, “Thus, it was incumbent on the Chandigarh Administration to have adopted and framed their Rules in conformity with the notification issued by the NCTE in terms of the RTE Act and a departure could not have been made while issuing the advertisement.”

“In order to maintain uniformity and to remove the ambiguity, but we must read down the advertisement to include B.El.Ed apart from D.El.Ed. to be equal qualification for the purpose of appointment as JBT Teacher with the sole purpose to save the advertisement and the selections which have already been made. The Court must always attempted to harmonize the provisions of law in order to save the selections which have already been conducted. We find that the applicants in OAs have already participated in the selection process and have also been placed in the select list,” the Bench clarified.

Consequently, the Court ordered, “In the facts of the case, we affirm the judgment passed by the Central Administrative Tribunal. No case for interference is made out. The writ petitions are, accordingly, dismissed.”

Accordingly, the High Court dismissed the Petition.

Cause Title: Union Territory, Chandigarh & Ors. v. Sakshi Malik & Ors. (Neutral Citation: 2025:PHHC:059781-DB)

Appearance:

Petitioner: Additional Standing Counsel Madhu Dayal; Junior Panel Counsel Shubreet Kaur; Advocate Rakesh Sobti

Respondents: Advocate Parunjeet Singh

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