LAWS(KER)-2020-6-226

SHABEER SHAJAHAN Vs. STATE OF KERALA

Decided On June 19, 2020
Shabeer Shajahan Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Instant public interest writ petition has been filed seeking the following reliefs:

(2.) Short facts leading to the filing of the writ petition are that,- petitioner is a former Senate Member of Mahatma Gandhi University, Kottayam. He is also the member of Ward No.VIII of Athirampuzha Grama Panchayat and Vice-President of Muslim Students Federation, an active students' organization having representatives in the Students' Union committee, Union Council of University, Senate etc.

(3.) Parliament has enacted the National Council for Teachers' Education Act, 1993 ('NCTE Act', for short). Under the said Act, National Council for Technical Education, established under Section 3(1), is the only authority to prescribe minimum qualification for a person to be employed as a teacher in the schools or recognised institutions. As per National Council for Teacher Education (Determination of Minimum Qualifications for Persons to be Recruited as Education Teachers and Physical Education Teachers in Pre-primary, Primary, Upper Primary, Secondary, Senior Secondary or Intermediate Schools or Colleges) Regulations, 2014 (Exhibit-P1) issued by the National Council for Teacher Education under the NCTE Act, which are applicable for recruitment of teachers in all the schools for imparting education to elementary, secondary and senior secondary stages, the minimum qualification prescribed for the post of Higher Secondary School Teacher (HSST) is Post Graduate (or its equivalent) degree from a recognized University, and B.Ed or B.A.Ed/B.Sc.Ed. from any NCTE recognized institution.