NEERAJ KUMAR RAI Vs. STATE OF U.P.

JUDGEMENT

(1.) Leave granted. This appeal has been preferred against the judgment of the Allahabad High Court dated 25th February, 2015 in Neeraj Kumar Rai and ors. v. State of U.P. and ors, 2015(2) ADJ 795, 2015(4)ALJ 94.

(2.) The High Court repelled the challenge to the validity of notification dated 29th July, 2011 issued by the National Council for Teacher Education (NCTE) under Section 23 (1) of the Right of Children to Free and Compulsory Education Act, 2009 (RTE). The challenge was raised on the ground of arbitrariness leading to violation of Article 14. Under the impugned notification, requirement of 50% marks in graduation was made mandatory apart from other qualifications for appointment of teachers in schools. The said requirement was not mandatory earlier for those who had 50% marks in post graduation at the time when they took admission to the B.Ed., which was also the relevant qualification for appointment as teacher in terms of notification dated 23rd August, 2010 under Section 23 of the RTE. Further contention of the appellants was that even according to the NCTE those who had 50% marks in post graduation, and were eligible for admission to B.Ed. on that basis, could be treated as qualified in terms of the said notification. The High Court held that once the petitioners are not covered by the notification dated 29th July, 2011, the stand of the NCTE to the contrary could not be relied upon.

(3.) Thus, the question for consideration is whether the candidates who had already passed B.Ed., had the requisite percentage in post graduation and are otherwise covered by notification dated 23rd August, 2010, will stand excluded only on the ground that their marks in graduation were less than the percentage prescribed in the notification dated 29th July, 2011.