High CourtsSingle Bench(2019) 12 PAT CK 0133

Vijay Kumar And Ors vs Union Of India, Through And Ors

Patna High Court · Decided on 5 December 2019

HON’BLE JUDGES
Chakradhari Sharan Singh, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Jurisdiction Case No. 24587 Of 2019

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Judgment

7 paragraphs · 359 words
1.

Heard learned counsel for the parties.

2.

This writ application has been filed seeking direction to the National Council for Teachers Education to modify/amend the provisions contained in the Notification dated 28.06.2018 (Annexure-I) published in the Gazette of India, whereby the candidates having certificates/degree of Bachelor of Education have been held to be eligible for appointment as teacher in Class-I to Class-V, subject to the condition that they will have to mandatorily undergo six months' Bridge Course in Elementary Education within two years of their appointment as Primary teacher.

3.

The petitioners hold certificates of completion of two years Teachers Training Course for Elementary Education.

4.

Learned counsel appearing on behalf of the petitioners has submitted that since the petitioners have better qualification and experience of teaching at primary level for appointment of Class-I to Class-V, they should be given preference in the matter of appointment of teachers for the said Classes over the persons holding B-Ed qualification because the persons holding B-Ed qualifications do not have expertise of teaching at primary level for Class-I to Class-V.

5.

On perusal of the Notification dated 28.06.2018, it is evident that the same has been issued by the National Council of Teachers Education in exercise of power conferred under Sub Section (i) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009. By the said Notification, candidates having graduation degree with at least 50 per cent marks, and Bachelor of Education, have been declared to be eligible for appointment as teacher in Class-I to Class-V. It requires, however, that such candidates having B-Ed qualification will have to undergo six months' Bridge Course in Elementary Education recognized by NCTE. Laying eligibility criteria and allowing preference in the matter of public employment/appointment of teachers, is purely a policy matter within the domain of the Government/NCTE. Nothing has been shown to this Court, which can be said to be an action of the Respondents in breach of any statutory provision warranting intrference in a proceeding under Article 226 of the Constitution.

6.

I do not find any merit in this application.

7.

This writ application is, accordingly, dismissed.