Case Note & Summary
The petitioner, Madhusingh Gulabsingh Jadhav, was appointed as an Assistant Teacher in a D.T.Ed. college run by Respondent No.1 trust in 1986, approved in 1988. He held a B.Com, B.Ed. (Physical), and M.P.Ed. degrees. In 2007, he was appointed as Principal of the same college. However, Respondent No.2, the Director of Maharashtra State Education Research and Training Council, passed an order on 6.8.2012 directing that the petitioner be removed from the post of Principal on the ground that he did not possess an M.Ed. degree, which was allegedly required under the NCTE Regulations. The petitioner challenged this order by way of a writ petition. The court examined the relevant NCTE Regulations, 2007, and found that they do not prescribe an M.Ed. degree as a mandatory qualification for the post of Principal in a D.T.Ed. college. The court noted that the regulations only require a postgraduate degree in the relevant subject, which the petitioner possessed (M.P.Ed.). The court also considered that the petitioner's appointment as Principal had been approved earlier and that there was no specific provision requiring M.Ed. for the post. The court held that the impugned order was unsustainable and set it aside, directing that the petitioner be permitted to continue as Principal. The court did not find any merit in the argument that the petitioner lacked the requisite qualification.
Headnote
A) Education Law - Teacher Training - Qualification for Principal - National Council for Teacher Education (NCTE) Regulations, 2007 - The issue was whether a Principal of a D.T.Ed. college must possess an M.Ed. degree. The court held that the NCTE Regulations do not prescribe M.Ed. as a mandatory qualification for the post of Principal in a D.T.Ed. college. The petitioner's appointment as Principal was valid despite not having an M.Ed. (Paras 1-10).
Issue of Consideration
Whether the petitioner, who holds a B.Ed. (Physical) and M.P.Ed. but not an M.Ed., is qualified to be appointed as Principal of a D.T.Ed. college under the National Council for Teacher Education (NCTE) Regulations, 2007.
Final Decision
The impugned order dated 6.8.2012 is set aside. The respondents are directed to permit the petitioner to continue as Principal of the 5th respondent college.
Law Points
- M.Ed. degree not mandatory for Principal of D.T.Ed. college
- NCTE Regulations 2007 do not require M.Ed.
- appointment as Principal valid despite lack of M.Ed.
- impugned order set aside
