Santra Devi & Others vs Govt. Of NCT Of Delhi & Others

L. Narasimha Reddy, J

In these three O.As., the challenge is to a circular dated 28.09.2020 issued by the Directorate of Education, Govt. of NCT of Delhi.

The applicants were engaged as Guest Teachers by the Directorate of Education on yearly basis for the past several years. They were disengaged

on conclusion of the academic year 2019-2020. They were expecting that the orders of reengagement would be issued. The impugned circular directs

that the Government has decided to avail the services of erstwhile Guest Teachers, to the extent of 50% of the vacancies, provided they hold the

CTET qualification. None of the applicants possess the CTET qualification and obviously, they cannot be reengaged in view of the prohibition

contained in the circular.

The applicants contend that they have been rendering meritorious service for the past 9 to 10 years and there was never any complaint against

them. It is also stated that the results in the Institutes where they were engaged were quite encouraging and that there was absolutely no basis for

disqualifying them for being reengaged.

The counter affidavit is filed in O.A. No.1912/2020. It is stated that the requirement of possessing CTET qualification, is under the provisions of

Right of Children to Free and Compulsory Education (Amendment) Act, 2017. It is stated that Section 23 of the Act was amended granting time to

such of the teachers, who did not hold the qualification of CTET, but despite that, the applicants did not make any effort to get the qualification of

CTET. The respondents contend that the appointment or engagement of any teacher, who does not possess the CTET qualification, would be a clear

violation of the provisions of the Act of the Parliament.

We heard Mr. S N Sharma, learned counsel for applicants and Ms. Esha Mazumdar, learned counsel for respondents, at length.

The applicants, no doubt, were engaged as Guest Teachers over the past several years and there did not exist any complaint as regards their

performance. The reengagement of the applicants became impermissible on account of the stipulation contained in the circular dated 28.09.2020. It is

to the effect that the candidates, who do not possess the CTET qualification, cannot be engaged.

Had it been a simple administrative observation made by the respondents in the Circular, things would have been different altogether. A possibility

could have been explored, to pave the way for engagement of the applicants, on the same terms. However, the circular was issued on the basis of a

statutory provision. The Act, referred to above, mandated that no teachers, who do not possess the stipulated qualification, shall be engaged. With a

view to be fair to the teachers, who are already in service or being engaged, opportunities were given to them to acquire CTET qualification For the

reasons best known to them, the applicants did not avail that opportunity and remained without the qualification. The Tribunal cannot pass an order,

which would have the effect of violating or flouting the provisions of Act of the Parliament.

It is a different matter that in case the applicants acquire the CTET qualification over the period, they can also be considered for being engaged as

and when the steps are taken.

We, therefore, dismiss these O.As, however, with a direction that in case the applicants acquire the CTET qualification, they shall also be

considered by the respondents, along with others for being reengaged as Guest Teachers.

All the pending M.As. shall stand disposed of.

There shall be no order as to costs.