1 Reserved on 09.05.2025 Delivered on 08.09.2025 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5898 of 2022 Sunil Kumar Gahare S/o Shri Shyam Sunder Gahare Aged About 31 Years R/o Satnami Para, Bitkuli, Bilaspur,, District : Bilaspur, Chhattisgarh ... Petitioner versus 1 - Union Of India Through The Principal Secretary, Ministry Of Human Resource Developement (M.H.R.D), Department Of Education And Literacy Government Of India, Shastri Bhawan, New Dehli 2 - National Council Of Teacher Education (N.C.T.E.), Through Its Secretary/ Chairman, G-7, Sector 10, Dwarka Landmark, Near Metro Station, New Delhi 3 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh 4 - The Director Directorate Of Public Instruction, Indrawati Bhawan, Mantralaya, New Raipur District Raipur Chhattisgarh 5 - State Council Of Educational Research And Training Shanker Nagar, Raipur, District Raipur Chhattisgarh 6 - Chhattisgarh Professional Examination Board C G (V Y A P A M) V Y A P A M Bhawan, North Block, Sector 19, Atal Nagar, Raipur Chhattisgarh ... Respondents For Petitioner(s) : Mr. Ishan Verma, Advocate For Respondent No. 1 : Mr. Bhupendra Pandey, Advocate For State : Mr. Devesh G. Kela, PL For Respondent No. 6 : Mr. Animesh Tiwari, Advocate 2 DB: Hon’ble Smt Justice Rajani Dubey Hon’ble Shri Justice Sachin Singh Rajput CAV JUDGMENT Per Sachin Singh Rajput, J. By this petition the petitioner has challenged the notification dated 28.06.2018 issued by the NCTE and also schedule III of the Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2019 (for short the “Rules of 2019”) (Annexure P-2). Further challenge is to the advertisement dated 23.08.2022 in which the candidate possessing qualification of B.Ed. have been declared eligible for the post of Primary Level Teachers (I – V). Another prayer made by the petitioner is to allow only the D.El. Ed. Diploma Holder Candidates to be eligible for the post of primary level teachers. It is also prayed that B.Ed. candidates should not treated eligible for the post of primary level teacher as mentioned in the advertisement dated 23.08.2022. 2. Notification has been issued in Gazette of India on 28.06.2018 by National Council for Teachers Education making the following amendment:- “F. No. NCTE-Regi 012/16/2018-In exercise of the powers conferred by sub-section (1) of Section 23 of Right of Children to Free and Compulsory Education Act. 2009 (35 of 2009) and in pursuance of notification number S.O. 750(E), dated the 31 March, 2010 issued by the Department of School Education and Literacy, Ministry of Human Resource Development, Government of India, the National Council for Teacher Education (NCTE) hereby makes the following further amendments to the notification number F.N. 61- 03/20/2010/NCTE/(N&S), dated the 23 August, 2010, 3 published in the Gazette of India. Extraordinary. Part III. Section 4, dated the 25 August, 2010, hereinafter referred to as the said notification namely:- (1) In the said notification, in para 1 in sub-para (1), in clause (a) after the words and brackets "Graduation and two year Diploma in Elementary Education (by whatever name known), the following shall be inserted. Namely:- OR "Graduation with at least 50% marks and Bachelor of Education (B.Ed.)" 2. In the said notification in para 3, for sub-para(a), the following sub-para shall be substituted namely:- "(a) who has acquired the qualification of Bachelor of Education from any NCTE recognized institution shall be considered for appointment as a teacher in classes I to V provided the person so appointed as a teacher shall mandatorily undergo a six month Bridge Course in Elementary Education recognized by the NCTE. within two years of such appointment as primary teacher". SANJAY AWASTHI, Member Secy. [ADVT-III/4/Exty/121/18-19] Note: The Principal Notification was published in the Gazette of India, Extraordinary, Part III, Section 4, dated the 25th August, 2010 vide number 64-03/20/2010/NCTE(N&S), dated the 23 August, 2010 and amended vide number 61- 1/2011/NCTE(N&S), dated the 29 July, 2011.” 3. Perusal of the impugned notification shows that the candidates who are not possessing required aptitude ability and specific training 4 to teach children of classes I to V would be granted certificate of pass in Teachers Eligibility test (TET) and would also be appointed to teach students of classed I to V for a period of two years without acquiring necessary aptitude, ability and training and thus, same is in violation of Article 14 and 16 of the constitution of India which ensures, Right to Quality Education" for children in the age group of 06 to 14 years. The Rules of 2019 under which the minimum qualification has been prescribed reads as under:- Graduation with at least 50% marks and B.Ed. qualification (graduate from the institute recognized from NCTE), shall also be eligible for appointment as teacher for classes 1 to 5,, Provided he/she undergoes, after appointment, a NCTE recognized 6 month special programme in Elementary Education. 4. Case of the petitioner is that he possesses qualification of diploma in Elementary Education (D.EI.Ed.), which is formulated to train teachers to teach students of class I to V to be eligible for being appointed as primary Teacher (Assistant Teacher) as per the Notification dated 23.8.2010 and amended Notification dated 29.07.2011 issued by National Council for Teacher Education (N.C.T.E.) in exercise of power conferred under sub section (1) of section 23 of the Right of Children to Free and Compulsory E ducation Act, 2009 (RTE Act, 2009). Respondent No.6 has issued an Advertisement for Chhattisgarh Teacher Eligibility Test 2022, and as per Clause-3 of the same, minimum eligibility criteria is 50% qualifying marks in Higher secondary or equivalent with 2 years' 5 D.El.Ed. Diploma in contrary has also prescribed 50% minimum qualification for Graduation with B.Ed. 5. In the advertisement the minimum qualifications prescribed for Appearing the CG TET for the post of Assistant Teacher (Class I-V) has been prescribed under Clause 3 of the advertisement which reads as under:- “ANNEXURE-1 (Minimum Qualification) Assistant Teacher (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 equivalent) with at least 45% marks and 2- year Diploma in Elementary Education (by whatever name known) in accordance with the NCTE (Recognition Norma and procedure) Regulations, 2002 OR Senior Secondary (or equivalent with at last 50% marks and 4- year Bachelor or Elementary 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) OR Graduation with at least 50% marks and B.Ed qualification (Graduate from the institution recognized from NCTE) shall also be eligible for appointment as teacher for classes I to 5, provided he/she undergoes, after appointment, a NCTE recognized 6 month special programme in Elementary Education 6 (b) Passed the teacher Eligibility Test (TET) to be conducted by the appropriate Government in accordance with the guidelines framed by the NCTE for this purpose.” 6. The submissions made on behalf of the petitioner are detailed as hereunder:- 6.1 According to the petitioner, he has all the requisite qualifications prescribed under the Advertisement dated 23.08.2022 such as securing minimum qualification as 12th with D.El.Ed. Diploma and graduation. 6.2. It may be mentioned here that Article 21A was inserted in the Constitution by Constitution (Eighty-sixth Amendment) Act, 2002 with effect from 01.04.2010 which provides that the State shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State may, by law, determine. Long before the amendment of the Constitution and insertion of Article 21A, the right to primary education was recognized as a fundamental right being part of Article 21 by the Supreme court in the cases of Mohini Jain us. State of Karnataka [(1992) 3 SCC 666] and in the case of Unni Krishnan J.P. vs. State of Andhra Pradesh [(1993) 1 SCC 6451. With the insertion of Article 21A, this right was recognized as an independent fundamental right in the Constitution. 6.3 To operationalize this valuable right, the Parliament framed the Right of Children to Free and Compulsory Education Act, 2009 ('RTE Act', for short). The term 'school' has been defined in Section 2(n) as to mean any recognized school imparting elementary education and would include the schools established, owned or controlled by the appropriate Government or a local authority, schools receiving aid 7 and even unaided schools. Clause (g) of Section 8 of the RTE Act, pertaining to duties of appropriate Government, requires that the appropriate Government shall ensure good quality elementary education conforming to the standards and norms specified in the Schedule. Section 18 requires compulsory recognition of all schools. Section 19 of the RTE Act pertains to norms and standards for school. Sub-section (1) of Section 19 provides that no school shall be established or recognized under Section 18, unless it fulfills the norms and standards specified in the Schedule. 6.4 Section 6 to the RTE Act, 2009 casts duty upon the Appropriate Govt. and the local authorities to establish schools within the area or limits of neighborhood to achieve the purpose of the Act. Section 7 (6) of the RTE Act, 2009 further case duty upon the central Govt. as under:- "7(6) the central Government shall- (a) Develop a framework of national curriculum with the help of academic authority specified under section 29; (b) Develop and enforce standards for training of teachers; (c) Provide technical support and resources to the state Government for promoting innovations, researches, planning and capacity building." 6.5 Section 23 of the RTE Act, 2009 prescribes provisions for qualification for appointment and terms & condition for service of Teachers. As per section 23 (1) any person possessing such minimum qualifications as laid down by academic authority, authorized by the central Govt., by notification shall be considered eligible for appointment as a teacher section 23 (2) prescribed power to the central Govt. to relax the minimum qualification for state which does 8 not have adequate institutions offering or training teacher education, or teachers possessing minimum qualifications as laid down under sub section (1) of section 23 of the RTE Act 2009 are not available in sufficient number. the section 23 of the RTE ACT 2009 is reproduced here as under :- "23. Qualifications for appointment and terms and conditions of service of teachers.- (1) Any person possessing such minimum qualifications, as laid down by an academic authority, authorized by the central Government, by notification shall be eligible for appointment as a teacher. (2) Where a state does adequate institutions possessing minimum qualification as laid down under sub- section (1) are not available in sufficient numbers, the central Government may in sufficient numbers, the central Government may, if it deems necessary, by Notification relax the minimum qualification, required for appointment as a teacher, for such period, not exceeding five years, as may be specified in that notification: (3) Provided that a teacher who, at the commencement of this Act, does not possess minimum qualifications as laid down under sub- section (1), shall acquired such minimum qualification within a period of five years. (4) The salary and allowances payable to and the terms and conditions of service of, teachers shall be such as may be prescribed." 6.6 Chapter V of the RTE Act, 2009 prescribes for curriculum and completion of Elementary Education. Section 29 deal with curriculum and evaluation and it reads as under:- 9 "29. Curriculum and evaluation procedure (1) the curriculum and the evaluation procedure for elementary education shall be laid down by an academic authority to be specified by the appropriate Government, by notification. (2) the academic authority, while laying down the curriculum and the evaluation procedure under sub- section (1) shall take into consideration the following, namely: (a) Conformity with the values enshrined in the constitution; (b) All round development of the child; (c) Building up potentiality and talent; child's knowledge, (d) Development of physical and mental abilities to the fullest Extent; (e) Learning through activities, discovery and exploration in a child friendly and child-centered manner; (f) Medium of instructions shall, as for as practicable, be in child's mother tongue; (g) Making the child free of fear, trauma and helping the child to express views freely; (h) Comprehensive and continuous evaluation of child understands of knowledge and his or her ability to apply the same." 6.7 From the aforesaid provisions of sections 29(1) it is clear that an academic body would be authorized for the purpose of laying down curriculum and evaluation procedure and as per section 29(2) (a) such authority while laying down the curriculum and the evaluation procedure for elementary education shall act in conformity with the values enshrined in the constitution which also include Article 21A the constitution of India to ensure Right of Quality Education. 6.8 Since NCTE prescribed requisite academic and vocational qualifications for appointment of teachers in primary and upper primary level vide Notification dated 23.08.2010 as amended vide 10 notification dated 29.07.2011 issued in exercise of power section 23 (1) of the RTE Act, 2009, it also prescribed that the candidate possessing requisite educational and vocational are also required to pass teacher eligibly test to be conducted by the appropriate Govt. in the accordance with the guidelines date 11.02.2011 issued by NCTE i.e. to ensure that the quality requirement for recruitment of teachers is not diluted at any cost, and to ensure that the person recruited as teachers possess the essential Aptitude and ability to meet the primary and upper primary level. 6.9 The difference in qualification for primary education and upper primary education, the qualification prescribed by the NCTE for classes I to V and IV to VIII are also in consonance with the NCTE (recognition Norms proms procedure regulations, issued from time to time in exercise of the power conferred by sub section (2) of section 32 of the NCTE Act, 1993 wherein the NCTE has prescribed norms and standard for different education programs. Thus the perusal of the notification would reflect that for appointment under classes Ito V candidate is required to possess Sr. secondary or graduation with qualification of degree or diploma in elementary education, whereas for appointment as teacher is class VI to VIII, a candidate is required to possess qualification of graduation with diploma in elementary education (commonly Known as BSTC) or Degree in Education (B. Ed.). 6.10 As per information to the petitioner in respect status of six month bridge course not only on reference to the state of Chhattisgarh also in reference to the entire country. meaning thereby, 11 despite the notification granting eligibility to B.Ed. candidates for appointment at primary level schools with the condition of passing six months bridge course within two years of their appointment was issued on 28.06.2018, the NCTE itself has not framed and formulated the six month bridge course to be passed by such B. Ed. candidates, which admittedly thus, result into teaching of children of class I to V by such teachers possessing qualification of B.Ed. who are not possessing aptitude, ability and training for teaching primary level children which is crystal violation of Article 21A of the Constitution of India. 6.11 The respondents while presuming qualification of B.Ed. to be higher qualification than qualification of Diploma in elementary Education (D.EI.ED) has seriously erred in not appreciating the difference in the nature of both the qualification which are meant to train teachers of different age groups and different level at schools. The curriculum prescribed for D. EI. Ed. Aims to train teachers in respect to children between age group 6 to 14 class - I to V. the curriculum for B.Ed. course is to train teachers in respect to upper primary, middle level or senior level schools i.e., class VI onwards onward which addresses towards the children from age group 11 years onwards wherein the person possessing qualification for B.Ed. is actually trained in a Particular discipline based upon his subject in his graduation the candidates opting option qualification of B.E.d. has to choose "teaching subject" in which he would be trained. The subject would be mathematics or social science or science or language whereas candidate opting for the qualification of D. El. Ed. 12 would be trained in all the subjects keeping in mind the curriculum for primary level schools. The curriculum is thus, designed with different nature of training keeping in mind the age group for psychology of the children and level of his knowledge. The difference of the qualification is further clear from the impugned (Ann. P/2 & P/3) because if the qualification of B.Ed. in actuality was higher qualification then D. EI. Ed., then such higher qualified person was not required to undergo six months bridge course on mandatory basis within two years of his appointment such condition in itself makes it clear that both the qualification i.e. D. El. Ed. and B.Ed. operate in different fields aiming towards different age of children. 6.12 The nature and difference of the qualification between B.Ed. and Diploma in elementary Education (D.EI.ED/BSTC/D. Ed) was clearly noticed by Hon'ble Supreme court in the case of P.M LATHA & Anr. v/s State of Kerala & ors. (2003) 3 SSC 541 and Yogesh Kumar & Ors. v/s Govt. of NCTE Delhi & Ors. (2003) 3 SSC 548 wherein, the Hon'ble supreme court has specifically held that the trained teachers certificate (TTC or D.EI. Ed. or BSTC)is given to teachers specially trained to teach small children in primary classes whereas, for B.Ed. degree the training is imparted to teach students of classes of above primary, therefore B.Ed. degree holders cannot necessary be held eligible to hold qualification suitable for appointment as teachers is primary schools. 6.13 The qualification of the B.Ed. cannot be considered as higher qualification than the qualification of D. El. Ed. for appointment on the post of primary teacher has further been clarified by the full 13 bench of the Hon'ble high court, in the case of Jayshree sunil chavan vs. state of Maharashtra & Ors. Vide its judgment and order dated 05.05.2000 reported in 2000(4) LLn 136 has categorically held that mare higher qualification without having the requisite minimum qualification cannot be held to be a requisite qualification thus, the B.Ed. candidates who were claiming that they should be held as qualified for being employed as primary teacher could not be treated to be legal since B.Ed. and D.Ed. operate in separate in fields and thus, there remains no question as to which qualification is higher and therefore, cannot be a suitable appointment as primary level teacher. 6.14 From the aforesaid facts it is crystal clear that the qualification of BSTC and B.Ed. operates at different levels of school teaching with separate purpose altogether whereby, the qualification of BSTC is to teach students of primary level i.e. Class I to V whereas, qualification of B.ED. is for class VI onwards meaning thereby both the qualification can neither be equated with each other not the qualification of B.E.D can be treated higher than the qualification of BSTC and thus, it is clear that candidates possessing qualification of B.Ed. does not have eligibility to be appointed as primary teacher. 6.15 Identical issue was agitated before Rajasthan High court in W.P. No. D.B. (Civil) writ petition no. 1853/2021 where the impugned notification has been set aside. The said order was challenged before the Supreme Court by filing a civil appeal in batch of cases and vide order dated 11.08.2023 the order of Rajsthan High Court has been upheld. 14 7. On the other hand, counsel for the respondents made the following submissions while opposing the submissions of the petitioners: 7.1 The answering Respondent has framed the Chhattisgarh School Education Service (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2019 in exercise of power conferred under Article 309 of the Constitution of India and the minimum qualification has been prescribed for the Assistant Teacher in accordance with the NCTE Guidelines which are applicable across the country and the advertisement dated 23.08.2022 has been issued in consonance with the Rules of 2019. 7.2 The petitioner, apart from having individual grievances and deprivation on the count of reduction in chance of selection has made an attempt to challenge the impugned Rules of 2019 which cannot be sustained as it is settled law that, individual hardship cannot be called for in challenging the legislation as well as Rules framed there under, which otherwise have been framed, while exercising the power conferred on them. 7.3 The vires of any rules/legislation is checked on the ground of constitutionality and not on the ground of personal discomfort. 6.4 Even as per the entire pleadings and submissions of the petitioner, it nowhere reflects that any vested right under Article 14 and 16 of the Constitution of India has been violated by the impugned notification. 7.4 The policy/ /Rules / Act/ directives could be challenged or said to be illegal only on the ground that same is unreasonable and results 15 in inconvenience to public in general. No such case is being made out in the present petition by the petitioner. The petitioner has completely failed to show as to how the impugned Rules of 2019 is unreasonable. It is settled law that judicial review of any policy decision is open only if it passes the test of reasonableness. 7.5 NCTE has issued notification on 23.06.2018 for the eligible candidates which provides that a candidate who has obtained a degree of Bachelor of Education from an institution recognized by NCTE shall be considered for appointment as a Teacher to teach Classes I to V but the person so appointed as a Teacher shall be appointed as a primary Teacher should have completed a Bridge Course of 6 months duration in elementary education recognized by NCTE within two years from the date of appointment. 7.6 After the said notification of NCTE the process of conducting TET Exam and Teacher appointment has been done in the State of Chhattisgarh and the TET examination after the said notification was first held in 2019 in the month of March and for TET 2020 the exam was organized in the month of January and, thereafter for TET, 2022 the exam was conducted on 18/09/2022. 7.7 It is on the basis of the said notification of NCTE that the guideline for TET Exam has been made and on the basis of the said guideline advertisement was issued on 23/08/2022 and the exam has been conducted on 18/09/2022 for Teacher recruitment process. 7.8 The NCTE prescribes the requested academic and vocational qualification for appointment of Teacher in Primary and upper primary level of schools for which notifications have been issued in 16 exercise of powers under the RTE Act and the teachers are also required to pass the TET to be conducted by the appropriate government in accordance with the guidelines dated 11.02.2011 issued by NCTE. The main purpose of holding the TET is to ensure that the quality of the Teachers is not diluted and the Teaches who are recruited are able to meet the requirement of the students of the primary and upper primary level. It is submitted that though D.El.Ed. is required for appointment of Teachers to teach students from Classes I to V and for Classes VI to VIII a candidate is required to possess graduation with Diploma in Elementary Education (BSTC) on Bachelor in Education. It was decided that the Teachers who possess the qualification of B.Ed. shall also be allowed to take up the TET and they will be allowed to tach the students of primary level if they complete the bridge course. It is submitted that earlier the bridge course was conducted in the year 2017-19 in which 3131 Teachers had participated and presently in the year 2021 the Teachers who will complete the bridge course of 6 months within 2 years may be allowed to teach students of primary level. It is submitted that the course curriculum of B.Ed. involves the space which are required to be studied by a student of D.El.Ed. and the bridge course as referred to in the rules further helps to facilitate the students of B.Ed. to cater to the needs of primary level students. Thus, there is no infirmity/illegality/irregularity in the decision taken by the answering respondent. 7.9 It is not the case of the answering respondent that they want to treat the qualification of B.Ed. as a higher qualification than the 17 qualification of D.El.Ed. The attempt of the answering respondent is only to ensure maximum competition in order to get the best possible candidates to teach the students and thus the reliance of the petitioner on the judgment of Jayshree Sunil Chavan Vs. State of Maharashtra & Ors will not be of any relevance. 8. Heard counsel for the parties and gone through the documents on record minutely and carefully. 9. As already mentioned, the identical issue had been raised before the High Court of Rajsthan where it set aside the notification dated 28.06.2018. The decision of the Rajsthan High Court was assailed before the Supreme Court and there also the same view was taken by affirming the order of the Rajsthan High Court. Meaning thereby the issue before this Court is no longer res integra. This apart, one writ petition (WPS No. 3541/2023 and other connected matters) was filed before this Court challenging almost an identical issue and this Court vide order dated 02.04.2024 the writ petition filed by the petitioner has been allowed in the light of the order of the Supreme Court passed in the matter of Devesh Sharma v. Union of India and other connected matters in Civil Appeal No. 5068 of 2023 dated 11.08.2023, where the notification dated 28.06.2018 has been declared as illegal, without jurisdiction and ultra vires to the Article 21-A of the Constitution of India and, as such, the qualification as prescribed under Annexure-I(i) of Schedule III appended to Section 8 of said Recruitment Rules, 2019 to the extent of inclusion of B.Ed. as eligible qualification is also declared as illegal, without jurisdiction and ultra vires to Article 21-A of the Constitution of India. 18 10. For the reason stated above, the Writ Petition deserves to be allowed by declaring the prescription of qualification of B.Ed. as eligibility qualification for the post of Assistant Teacher ( I-V) as illegal and without jurisdiction and the same deserves to be quashed. It is accordingly quashed. Consequently, the advertisement dated 23.08.2022 to the extent it permits the candidates having the qualification of B.Ed to participating in process of selection for the post of Assistant Teacher is also declared illegal and is hereby quashed. The State Government is directed to re-arrange the selection list in accordance with the provisions of the Rules 2019 by excluding the candidates who have participated in the selection process having qualification of B.Ed. This exercise deserves to be completed within a period of 12 weeks. 11. In view of above, the writ petition is allowed to the extent indicated above. Sd/- Sd/- (Rajani Dubey) (Sachin Singh Rajput) Judge Judge Jyotishi/Pawan