Dharmendra Kumar Bhinchar @APPELLANT@Hash State of Rajasthan & Ors

,

“ONLY A GREAT TEACHER CAN MOULD A GREAT STUDENT†2. A glance of the well known saying (supra), would reflect the",

importance of the role of teachers in molding the youth and children of a nation into the worthy citizens of the future. Teachers are often recognized,

as ‘nation builders’ for they are instrumental in shaping the citizens of future of the nation. Thus, tremendous responsibility the teachers are",

required to shoulder and it needs no further amplification. The quality of education imparted to the future citizens of the nation is dependent on the,

quality of teachers who are appointed to teach. Hence, in the aforesaid context, education of the teachers in the education system is of a great",

importance which in turn would be reflected in the development of a country. Education provides opportunities for multi dimensional development of,

potentialities in the individuals of the nation who in turn are responsible for development of the nation. Education is a fundamental right of every,

citizen in India. This is stated as per the 86th Constitution Amendment Act via Article 21A. Thus, it is essential for the country to achieve the",

object not only “education for allâ€​ but “quality education for allâ€​.,

According to Programme in International Student Assessment (PISA), which conducted a survey testing 15 years olds from 74 nations, reflects that",

Shanghai is at the top in the ranking while Tamil Nadu and Himachal Pradesh, found place at serial number 73 out of 74, only above Kyrgyzstan which",

has a geographical area less than State of Maharasthra. The poor quality of Indian Education has also been reflected by the Annual Status of,

Education Report (ASER). According to the report 50% of Class V students cannot read textbooks of Class two standard and 40% of Class V,

students failed to solve a two digit subtraction. Further, the report also reflected absenteeism of the students to the extent of 50% and the teachers",

were not far behind with 45% absenteeism. Wipro's Quality Education Study as cited in Mukherjee, which surveyed India's elite schools reflects",

that the learning levels in these schools are not at par with international standards. Thus, conclusions of the aforesaid three reports are clearly",

indicative of the poor quality of the education in the country. Hence, it goes without saying that the quality of education would be dependent on the",

quality of teachers.,

Quality criteria must reflect the overall objectives of higher education, notably the aim of cultivating in students critical and independent thought and",

the capacity of learning throughout life. It should encourage ""innovation and diversity"" is a statement by the World Confrence on Higher Education,",

2009. Here, it will also be profitable to take note of the statement made in the final report by National Knowledge Commission-2009, observing that",

the training of teachers is a major area of concern at present, since both pre-service and in-service training of school teachers is extremely",

inadequate and also poorly managed in most states."" Thus, only expansion in the teacher education programmes to achieve the target of ""reaching the",

unreached"" and ""serving the unserved""; the quality of education should not be compromized for often quantity would reflect quality going down, if the",

expansion is not carried out properly. It is, in this background, I proceed to examine the question raised in the instant batch of writ applications for",

determination.,

Whether a candidate is eligible for appointment on the post of language Teacher who did not have that language as optional subject in three year,

graduation degree course ? Is the question for adjudication in the above noted two writ applications. 6. Shornoff unnecessary details, the essential",

skeletal materials facts are: that the State-respondents issued advertisement dated 11th September, 2017, inviting applications from eligible candidates,",

amending the earlier notification dated 6th July, 2016 (Rajasthan Primary and Upper Primary School Teachers Direct Recruitment- 2016). The",

participating candidates with corresponding language as an additional subject, have also been treated eligible which is the subject matter of assailment",

in the writ applications.,

Mr. Anoop Dhand, learned counsel for the petitioners reiterating the pleaded facts and grounds of the writ applications urged that the essential",

educational qualification for appointment to the post of Teacher Grade-III (Level-II), as contemplated under Clause 6.1(B)(iv), in the advertisement,",

for the teacher of the language; the candidate must have passed graduation or equivalent examination with the corresponding language as an optional,

subject. Thus, according to learned counsel, graduation with the corresponding language as an optional subject, is the essential qualification to confer",

eligibility on the participating candidates and not corresponding language as an additional subject.,

Referring to UGC (Minimum Standards of Instruction for the Grant of First Degree Through Formal Education), Regulations, 2003 (for short,",

Regulations of 2003), learned counsel would submit that no student would be eligible for the award of the ‘First Degree’, unless he/she has",

successfully completed a programme of not less than three year degree duration and secured the minimum number of credits prescribed by the,

University for award of degree.,

It is further pointed out that the degree to be awarded may be called the bachelor’s degree in the respective discipline in accordance with,

nomenclature specified by the UGC under Section 22(3) of the UGC Act of 1956. Therefore, inclusion of the candidates, in the recruitment process",

involved herein, for appointment to the post of Teacher Grade-III (Level-II) (Class VI to VIII), with corresponding language as an additional subject;",

is illegal and contrary to the recruitment rules so also in violation of notification dated 29th July, 2011, issued by National Council for",

Teacher Education (for short, NCTE), amending NCTE (Determination of Minimum of Qualification in Recruitment of Teacher in School),",

Regulations, 2001 (for short, Regulations of 2001), amending para 5 of earlier notification dated 23rd August, 2000.",

To substantiate his stand, learned counsel has relied upon the opinion of a Division Bench of Bombay High Court in the case of Vinothan Krishnan",

Raman Vs. University of Mumbai & Ors.: Writ Petition No. 872/2011, decided on 31st July, 2012, Binod Vikas Manch & Anr. Vs. State of Jharkand",

& Ors., decided on 6th November, 2003 (2003 (4) JCR 710 Jhr) and judgment dated 14th August, 2012, of the High Court of Madras in the case of R.",

Thirunavukkarasau Vs. State of Tamil Nadu & Ors. Referrence has also been made to opinion of a Division Bench of Delhi High Court in the case,

of Director of Education and Ors. Vs. Baboo Lal Sharma: Writ Petition (c) No. 5853/2010, decided, along with analogous matters, on 4th October,",

2010.,

In response to notice on writ applications, the Staterespondents have filed their counter-affidavit supporting their stand in including the participating",

candidates with corresponding language as an additional subject as eligible for appointment to the post of Teacher Grade-III (Level-II).,

Mr. S. K. Gupta, learned Additional Advocate General, on behalf of the State-respondents referring to Clause 7 of the advertisement under",

‘General Information’, pointed out that the advertisement specifically incorporated this condition. Hence, the assailment is absolutely",

baseless. Further, the petitioners having participated in the recruitment process, well aware of the terms and conditions of the advertisement, are",

precluded to assail the same.,

Be that as it may, according to learned counsel, the participating candidates who have acquired the degree of graduation, with the corresponding",

language as an additional subject, cannot be treated ineligible for some of the participants on the basis of that additional qualification, have also",

acquired Master’s Degree in corresponding language.,

Referring to the opinion of the Division Bench of this Court in the case of Sher Singh & Ors. Vs. Dinesh Singh & Ors.: D.,

B. Special Appeal Writ No. 1464/2016, decided on 27th April, 2017, learned Additional Advocate General would further submit that the amended",

advertisement, involved herein, was issued keeping in view the observations made by the Division Bench permitting the State-respondents to re-",

advertise the vacancies, laying down a valid criteria of merit for appointment of Teachers Grade-III (levelII) i.e. for Class VI to VIII afresh, with",

purpose of selection of teachers in a particular subject. Hence, action of the Staterespondents cannot be faulted.",

(3) Primary and Upper

Primary School Teacher

(100 Percent by

direct

recruitment)

(A) General

Education

       Level-(i)

Class I to V","Qualifications as laid down by the National Council for

Teacher Education under the provisions of sub-section

(1) of section 23 of the Right of Children to Free and

Compulsory Education Act 2009

(Central Act. No.35 of 2009), from time to time and

must have passed the REET/RTET.

Level-(ii) Class VI to VIII,"Qualifications as laid down by the National Council for

Teacher Education under the provisions of sub-section

(1) of section 23 of the Right of Children to Free and

Compulsory Education Act 2009

(Central Act. No.35 of 2009), from time to time, and

,"(i) for the teacher of Social Science, the candidate

must have passed graduation or equivalent examination

with at least one subject as an optional subject from

amongst Histoy, Geography, Economics, Political

Science, Sociology, Public

Administration and Philosophy;

,"(ii) for the teacher of Mathematics, the candidate must

have passed graduation or equivalent examination with

Mathematics as an optional subject;

,"(iii) for the teacher of Science, the candidate must

have passed graduation or equivalent examination with

at least one subject as an optional subject from

amongst Chemistry, Physics, Botany, Zoology, Micro-

Biology, Bio-technology and Bio-chemistry;

,"(iv) for the teacher of language, the candidate must

have passed graduation o r equivalent examination

with the corresponding language as an optional

subject;

,"(v) the candidate who has Graduated in Elementary

Education (B.El.Ed.) or B.A.B.Ed./B.Sc.B.Ed., i.e.

candidate with the qualification of four years

integrated course, must also have passed the

qualifiying examination with the corresponding

subject; and

,"(vi) must have passed the REET/RTET in the subject

applying for.

(B) Special

Education    Â

 Level-(i) Class I to V","Qualifications as laid down by the National Council for

Teacher Education under the provisions fo sub-section

(1) of section 23 of the Right of Children to Free and

Compulsory Education Act 2009 (Central Act. No. 35

of 2009), from time to time and must have passed the

REET/RTET

,"Qualifications as laid down by the National Council for

Teacher Education under the provisions fo sub-section

(1) of section 23 of the Right of Children to Free and

Compulsory Education Act 2009 (Central Act. No. 35

of 2009), from time to time, and

,"(i)Â for the teacher of Social Science, the candidate

must have passed graduation or equivalent examination

with at least one subject as an optional subject from

amongst History, Geography, Economics,

Political                    Â

                    Science,,

Sociology, Public Administration and Philosophy;

,"(ii) for the teacher of Mathematics, the candidate must

have passed graduation or equivalent examination with

Mathematics as an optional subject;

,"(iii) for the teacher of Science, the candidate must

have passed graduation or equivalent examination with

at least one subject as an optional subject from

amongst Chemistry, Physics, Botany, Zoology,

Micro-Biology, Bio-technology and Bio-chemistry;

,"(iv) for the teacher of language, the candidate must

have passed graduation or equivalent examination with

the corresponding language as an optional subject;

,"(v) the candidate who has Graduated in

Elementary Education (B.El.Ed.) or

,"B.A.B.Ed./B.Sc.B.Ed.,i .e. a candidate with the

qualification of four years integrated course, must also

have passed the qualifiying examination with the

corresponding subject; and

,"(vi) must have passed the REET/RTET in the subject

applying for.

(a) Primary,"(i)

Senior Secondary School

Certificate or Intermediate or its equivalent; and

(ii)

Diploma or Certificate in basicteachers'

training of a duration of not less than two years.

OR

Bachelor of Elementary Education (B.El.Ed.)

(B) Upper Primary

(Middle school section)","(i)

Senior Secondary School

Certificate or Intermediate or its equivalent; and

(ii)

Diploma or Certificate inelementary

teachers training of a duration of not less than

two years OR

Graduate with Bachelor of

Education (B.Ed.) or its equivalent.

Under Section 23 (1)Â read with Section 29 (1) of the Act of 2009, any person, in possession of minimum qualifications laid down by an",

Academic Authority authorized by Central Government by notification, shall be eligible for appointment as a ‘Teacher’. The curriculum and",

evaluation procedure for elementary education has to be provided by an Academic Authority, and therefore, the claim has been staked that the",

participating candidates who are already graduates in some discipline with an additional degree in another discipline, would be eligible for",

appointment. The plea finds a complete answer for what has been considered and adjudicated upon in the case of R.,

Thirunavukkarasau (supra), under paragraph 37, observing thus: “37. Therefore, on the basis of the above, it is contended that the contesting",

respondents, who are already graduates in some discipline with an additional degree in another discipline, are competent to be appointed to the post of",

B.T. Assistants. But the said contention is wholly misconceived. There are 3 reasons for my above conclusion. They are:-,

(i) Primarily, the National Council and the NCTE Act, areconcerned with teacher education and not the recruitment of teachers to schools;",

(ii) In any event, what is prescribed in the First Schedule isonly ""minimum academic and professional qualifications"". Therefore, the power of the State",

to prescribe an additional qualification apart from the minimum prescribed in the First Schedule to the NCTE 2001 Regulations, is not taken away by",

these Regulations. Once the State takes a stand that the expression ""Graduate"" appearing in the First Schedule to the NCTE Regulations should be",

understood in a particular way, the contesting respondents cannot contend that it is not in tune with the Act; and (iii) In any event, the expression",

Graduate"" appearing in the First Schedule, which I have extracted above, has to be understood as indicating a Graduate in the prescribed or",

concerned subject. The National Council for Teacher Education Act, the National Council for Teacher Education Rules and the aforesaid Regulations,",

do not define the expression ""Graduate"". Even the University Grants Commission Act and the Regulations that I have dealt with in the previous part of",

this order deal only with the expression ""degree"" and not the expression ""Graduate"". Therefore, the expression ""graduate"" appearing in the First",

Schedule to the NCTE Regulations is to be synchronised with and understood in tune with the interpretation given to the expression ""degree"" in UGC",

Regulations. In other words, the expression ""first degree"" used in Regulation 2 of the UGC Regulations signifies ""first degree in a subject"". Similarly,",

the expression ""graduate"" used in First Schedule to NCTE Regulations has to be understood as signifying ""Graduate in the concerned subject"". To be a",

graduate in a particular subject, one should have undergone a course of a duration of 3 years, as per the interpretation to be given to the expression",

degree"" in UGC Regulations. If the State as the employer holds that a Graduate is a person who has obtained a degree of a duration of 3 years, it",

would be perfectly in tune with the First Schedule to the aforesaid 2001 Regulations of the NCTE and cannot be stated to be opposed to the,

Regulations. Hence the second contention is also to be rejected.â€​,

I am in complete agreement with the reasoning as noted and extracted hereinabove, for the term “graduate†would mean and must be",

interpreted to be “graduate in the concerned subjectâ€, and had undergone a course of duration of three years “degree†course in",

consonance with UGC Regulations. In the face of the fact that respondent No. 5, who is a Science graduate with Chemistry, Botany and Bio-",

technology, with BA (Additional) in English must have studied a degree of a duration of three years in one year in English language; cannot become",

eligible for appointment as a Teacher to teach English to the students of Class VI to VIII.,

In the case of Binod Vikas Manch (supra), the Division Bench of Jharkhand High Court, emphasizing upon the necessary and proficient in the",

subject to be taught, observed thus:-",

“3. In this situation, it is necessary to direct the respondents to ensure that only teachers qualified in English and capable of teaching English are",

appointed as language teachers to teach English. This will be the same for other languages and/or subjects inasmuch as a person must have the,

necessary educational qualification in that language or subject and must have competence to teach that language or subject before he can be,

appointed to teach that subject. As counsel pointed out, we cannot have a teacher for teaching computer science unless the teacher is proficient in",

that subject. It is in that situation, that we feel justified in issuing a direction to the respondents in that regard.â€​",

Diluting the educational standards and allowing the candidates for appointment as teachers of the subject which they have not studied as,

“optional for three years†and treating one year “additional degree†in the subject concerned as good and sufficient educational qualification,

would destroy the standard of education whatever of it is left. Extremely, important is the role of a Teacher not only in the society but also to the",

nation for a teacher alone can inculcate goods skills and intellectual capabilities in the students. A teacher imparts not only knowledge but also,

awakens the child to cultural and moral values with scientific temperament. Teacher is the person who molds the career, character and moral",

fiber with scientific approach in the young minds. Hence, a teacher who himself has not studied the subject which he is to teach; if appointed would",

be damaging to the very concept of quality education. A teacher is often called nation builder for he is the one who molds the young minds. Hence,",

quality of a teacher is directly proportional to quality education. Untrained or ill-trained teacher in the concerned subject, will be detrimental to the",

entire education system which in turn will be an irreparable loss to the nation. Therefore, need for quality teachers, who have studied the subject",

which they are supposed to teach is, sine qua non for quality education.",

For the reasons and discussions aforesaid, the writ applications succeed and are hereby allowed.",

In the result, the State-respondents are directed to exclude the participating candidates from the select list with degree acquired as",

“additional†in the concerned subject. The candidates who are in possession of graduate degree with optional subject of three years,

Bachelor’s degree with English as an optional subject in all the three years, should only be treated as eligible and entitled for appointment to the",

post of Teacher GradeIII Level-II (English), as per their merit.",

A copy of this order be placed in each of the file.,