NAVIN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) In Devesh Sharma v. Union of India,2023 INSC 704 (delivered on 11/8/2023), there was before us a challenge to the judgement of the Rajasthan High Court dtd. 25/11/2021 where it was held that for appointment of primary school teachers (i.e., teachers of Class I to Class V), the essential qualification is D.El.Ed. (i.e., Diploma in Elementary Education) and not B.Ed. (i.e., Bachelor in Education), and B.Ed. qualified candidates were held to be disqualified.

(2.) Before the Rajasthan High Court, the National Council for Teachers Education (hereinafter referred to as "NCTE") notification dtd. 28/6/2018, by which B.Ed. qualified candidates were held eligible was, inter alia, under challenge. In our judgment dtd. 11/8/2023, we have upheld the Division Bench order of Rajasthan High Court and affirmed the findings that the essential qualification for appointment as primary school teachers is Diploma in Elementary Education and not B.Ed. Consequently, the NCTE notification dtd. 28/6/2018 and the regulations made therein, by which B.Ed was made a qualification, were quashed and set aside.

(3.) The above judgment of Devesh Sharma (supra) was delivered on 11/8/2023 and thereafter review applications, clarifications, etc. kept coming up, mainly from such candidates who were having B.Ed. qualification and were selected and appointed by different States in the recent selection process for primary school teachers. We had heard all such applicants at length and clarified that such B.Ed. qualified candidates who were selected and appointed prior to our decision in Devesh Sharma (supra) i.e. prior to 11/8/2023, shall not be disturbed as there was a special equity in their favour. Therefore, our judgement would be prospective in nature, and will not disturb the appointments of such candidates who had already been appointed prior to the judgment in Devesh Sharma (supra) i.e. prior to 11/8/2023. This is what was clarified in our order dtd. 8/4/2024: