K.Vijaya Chary vs State Of Telangana

Mr. Nayakawadi Ramesh, learned counsel appears for the petitioners.

Mr. S. Rahul Reddy, learned Special Government Pleader attached to the Office of the learned Additional Advocate General appears for respondent Nos.1 and 2.

In this Writ Petition, the petitioners have assailed the validity of G.O.Ms.No.4, School Education (Services.III) Department, dated 28.02.2024, which has been issued for direct recruitment to the posts of Special Education Teacher at Primary Level in the category of Secondary Grade Teacher, insofar as it prescribes the minimum qualification marks of 50% at Intermediate level for Open Category candidates and 45% for Scheduled Caste/Scheduled Tribe/Backward Caste/Differently abled candidates.

Facts giving rise to filing of this Writ Petition briefly stated are that the petitioners have passed Intermediate examination and have secured Diploma for Secondary School Teachers of the Visually Handicapped. The petitioners were appointed as Inclusive Education Resource Persons on contract basis and are rendering their services as such.

A notification has been issued for recruitment to the posts of Special Education Teachers on 29.02.2024. Para 13(ii)(II)(B) thereof prescribes that a candidate must have secured minimum 50% of marks at Intermediate level whereas the minimum percentage of marks for the candidates of other categories, namely, Scheduled Caste/Scheduled Tribe/Backward Caste/Differently abled, has been fixed at 45%. The petitioners are governed by the aforesaid conditions.

Learned counsel for the petitioners submits that for recruitment to the posts of Secondary Grade Teacher in General Education, the State Government has prescribed minimum percentage of marks at 45% for Open Category candidates and the same has been prescribed as 40% in respect of Scheduled Caste/Scheduled Tribe/Backward Caste/Differently abled candidates. It is therefore submitted that the petitioners are entitled to parity in treatment and the requirement contained in Para 13(ii)(II)(B) of the notification as stated supra deserves to be struck down.

On the other hand, learned Special Government Pleader submits that the requirement is in consonance with the Regulations prescribed by the National Council for Teacher Education (hereinafter referred to as ‘NCTE’) and the benefit of relaxation has already been extended to various categories.

We have considered the rival submissions made on both sides and have perused the record.

The  Supreme  Court  in  Maa  Vaishno  Devi  Mahila Mahavidyalaya v. State of Uttar Pradesh (2013) 2 SCC 617 has held that the National Council for Teacher Education is a paramount body for grant of recognition and has been constituted with the object to ensure maintenance of standard of education in teachers training institutions and has primacy over the State Government and Universities. It has further been held that the National Council for Teacher Education Act, 1993, is a special statute and is a law made by the Parliament in exercise of powers under Entry 66 of List I of Seventh Schedule and therefore, takes precedence and has overriding effect over the laws made in exercise of powers under Entry 25 of List III of Seventh Schedule. The State Government therefore in the matter of recruitment of teachers has to prescribe a qualification which has to be in consonance with the requirement prescribed by NCTE.

The requirement which has been prescribed by NCTE for appointment as a teacher is as follows:

“1. Minimum Qualifications : -

(i) Classes I-V

(a) Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Elementary Education (by whatever name known)

OR

Senior Secondary (or its equivalent) with at least 45% marks and 2-year diploma in Elementary Education (by whatever name known), in accordance with the NCTE (Recognition Norms and Procedure) Regulations, 2002.

OR

Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor of Elementary Education (B.El.Ed.)

OR

Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Education (Special Education)

OR

Graduation and two year Diploma in Elementary Education (by whatever name known).”

The recruitment notification dated 29.02.2024 prescribes the qualification to the posts of Special Education Teacher in Para 13(ii)(II)(B) which reads as follows:

Special Education Teacher posts at Primary Level in the category of Secondary Grade Teacher:-

i. Must Possess Intermediate / Senior Secondary (or its equivalent) as recognized by the Board of Intermediate, Telangana with at least 50% Marks (In case of SC/ST/BC/Differently abled candidates, the minimum marks shall be 45%) and Pass in Diploma in Education (D.Ed.) Special Education or its equivalent from an institution recognized by Rehabilitation Council of India (RCI) and must be registered with Rehabilitation Council of India (RCI) with CRR Number.

AND

Pass  in  Paper-I  of  Telangana  State Eligibility Test (TSTET) / Andhra Pradesh Teacher Eligibility Test (APTET) / Central Teacher Eligibility Test. (CTET).

Thus, it is evident that the requirement which has been prescribed in the recruitment notification is in consonance with the requirement prescribed by NCTE. Therefore, the requirement of prescription of minimum percentage does not suffer from any infirmity warranting interference of this Court under Article 226 of the Constitution of India.

In the result, the Writ Petition fails and is hereby dismissed.

Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.