ASHISH KUMAR TAMBOLI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The Petitioner challenges the Chhattisgarh Teacher (Panchayat) Cadre (Recruitment and Conditions of Service) Rules, 2012; for short 'Rules'; to the extent it prescribes graduation in History or Geography as part of the minimum qualification for appointment as Teacher (Panchayat) in Social Science. The pointed challenge is against the prescription of Geography or History for graduation, as compulsory for a person to be appointed as a Panchayat Teacher in Social Science.

(2.) The learned counsel for the Petitioner argued that in terms of the provisions of the Right of Children to Free and Compulsory Education Act, 2009; for short 'RF&CE Act'; the competent authority had prescribed the Chhattisgarh Teacher Eligibility Test (for short 'TET') and the Petitioner has been successful in that test. He argued that the prescription as to such test having been made by the competent authority under the RF&CE Act, there cannot be any contrary prescription as to qualification through any State law or decision. Making reference to Entry 25 in List III of the Seventh Schedule of the Constitution, it is argued that any such prescription would impinge the primacy of the Union legislation, namely the RF&CE Act and the rules and regulations thereunder. The prescription by the State of Chhattisgarh providing Geography or History as a compulsory subject for a Social Science teacher is vitiated by lack of legislative competence, it is argued. It is also argued that such prescription is in contradiction with the provisions for TET and that such prescription results in hostile discrimination of those Teachers who have passed TET according to the prescription made in terms of the provisions of the RF&CE Act by the National Council for Teacher Education; hereinafter referred to as 'NCTE'.

(3.) The learned Additional Advocate General argued that the impugned statutory provisions do not call for any judicial review intervention inasmuch as it stands as an independent piece of legislation made to empower and authorise the competent authority to appointing teacher in the Panchayat schools.