ANUMARY P.K. Vs. UNION OF INDIA

JUDGEMENT

(1.) We have heard Sri.K.Shaj, learned counsel for appellants and Sri.Abraham.P.M., learned counsel for the 4 th respondent.

(2.) These batch of appeals have been filed challenging common judgment dated 22.02.2018 in W.P.(C) No.34628/2017 and connected cases. The issue projected by the petitioners/appellants was that they have no obligation to write the Kerala Teachers' Eligibility Test (K- TET) insofar as the same had been made applicable to teachers up to 8 th standard alone, as per the provisions of the Right of Children to Free and Compulsory Education Act and the notification issued under the National Council for Teacher Education Act , 1993. It was pointed out that the Government of Kerala has further issued a notification treating the K-TET qualification as a compulsory qualification for the purpose of appointment of teachers of the highschool, which was not warranted under the provisions of the Right of Children to Free and Compulsory Education Act. The learned single Judge held that insofar as provision has been made treating KTET as a qualification criteria, all teachers are bound to acquire the said qualification. Though it was contended by the learned counsel for the appellants that the aforesaid qualification is not mandatory for Highschool teachers,we do not think that such contention can be sustained. Highschool classes in the State of Kerala as per Kerala Education Rules is from Standard VIII to X. Even otherwise there is nothing wrong in the Government of Kerala stipulating better qualification for teachers, who are taking classess from standard VIII to X. We therefore confirm the view expressed by the learned single Judge.

(3.) The learned counsel for the appellants would, however, submit that as per the qualification criteria for appointment of teachers, 50% marks in graduation has been made mandatory as per the notification issued by NCTE. The Apex Court in Neeraj Kumar Rai and others v. State of U.P. and others [AIR 2017 SC 3545] has while considering the qualification criteria made certain relaxation to the qualification criteria. Pursuant to which a notification had been issued by NCTE on 13.11.2019 incorporating a proviso wherein it is provided that minimum percentage of mark in graduation shall not be applicable to those incumbents who had already taken admission to the Bachelor of Education or Bachelor of Elementary Education or equivalent course prior to 29.07.2011. The aforesaid notification has been placed before us by the learned counsel for NCTE. It is pointed out the learned counsel that 31 st appellant Rajeesh.R in W.A.No.824/2009 has acquired BEd qualification as early as in the year 2000 and he had already passed KTET twice. He is entitled to get the benefit of the notification aforesaid. Similarly Sri.Suhas.T, the 11 th appellant in W.A.906/2019 acquired the Bed qualification in December 2011. Being a one year course, he would have joined the course one year back and he is also entitled for the benefit of the notification. As far as the other appellants are concerned, those issue does not arrise as they have all acquired more than 50% marks for their graduation. It is therefore, made clear that the 31 st appellant in W.A.No.824/2019 and the 11 th appellant in W.A.No.906/2019 are found to qulified in terms of the notification dated 13.11.2019. The competent authorities shall consider their documents and take further steps in the matter. These writ appeals are disposed of accordingly.