Case Note & Summary
The petitioner, Yogesh Popatrao Maid, challenged a note in Schedule A of Government Resolution dated 07.02.2019 issued by the State of Maharashtra, which made it compulsory for candidates possessing B.Ed. qualification to complete a six-month bridge course before being appointed as a teacher for Class I to V. The petitioner argued that this condition was contrary to the notification dated 28.06.2018 issued by the National Council for Teacher Education (NCTE), which provides that a person with B.Ed. is entitled to seek appointment as an assistant teacher for Class I to V, subject to undergoing a six-month bridge course in elementary education within two years of such appointment. The NCTE, under Section 23(1) of the Right of Children to Free and Compulsory Education Act, 2009, is the competent authority to prescribe minimum qualifications for teachers. The State Government, by mandating the bridge course as a pre-appointment condition, effectively overrode the NCTE notification. The Court, after hearing both sides, held that the State Government does not possess the authority to prescribe qualifications different from those laid down by the NCTE. The impugned condition in the Government Resolution was quashed and set aside, and the respondents were directed to consider the petitioner's candidature for appointment as a primary teacher without insisting on the pre-appointment bridge course, subject to the condition that the bridge course be completed within two years of appointment as per the NCTE notification.
Headnote
A) Education Law - Teacher Qualifications - Minimum Qualifications Prescribed by NCTE - Section 23(1) of the Right of Children to Free and Compulsory Education Act, 2009 - The State Government's Government Resolution dated 07.02.2019 requiring B.Ed. holders to complete a six-month bridge course before appointment as primary teachers for Class I to V was held ultra vires the NCTE notification dated 28.06.2018, which permits the bridge course to be completed within two years of appointment. The Court held that the State cannot override the qualifications prescribed by the NCTE, the competent authority under the Act. (Paras 2-6)
Issue of Consideration
Whether the State Government can mandate completion of a six-month bridge course as a pre-condition for appointment as a primary teacher for Class I to V, when the NCTE notification allows such course to be completed within two years of appointment.
Final Decision
The Court allowed the writ petition, quashed and set aside the impugned condition in the Government Resolution dated 07.02.2019 making bridge course compulsory before appointment, and directed the respondents to consider the petitioner's candidature for appointment as a primary teacher without insisting on the pre-appointment bridge course, subject to the condition that the bridge course be completed within two years of appointment as per the NCTE notification.
Law Points
- NCTE has exclusive authority to prescribe minimum qualifications for teachers
- State cannot impose additional pre-appointment conditions
- Bridge course must be completed within two years of appointment
- not before
