ANUMARY P.K Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners in these cases are teachers appointed in aided Schools in the State without possessing the Kerala Teachers Eligibility Test (KTET for short) of Teachers Eligibility Test (TET for short) qualification. They contended that they have completed or were undergoing Teachers Training Course (TTC), Special Language Course or B.Ed, as on 01.04.2010, the date of coming into force of the Right of Children to Free and Compulsory Education Act or Right to Education Act, 2009. It is stated that when Section 12A was inserted by amending the National Council for Teacher Education Act 1993 (NCTE Act), w.e.f 1.6.2012, the petitioners had completed their courses. The petitioners seek prayers to the effect that they need not qualify in the TET or KTET examination and that such qualifications are not applicable to them. It is further contended that such qualifications are not required for teachers appointed as High School Assistants. The learned counsel for the petitioner places reliance on the judgments of the Apex Court in Neeraj Kumar Rai and others v. State of U.P and others [AIR 2017 SC 3545] and State of U.P. and others v. Shiv Kumar Pathak and others [AIR 2017 SC 3612] and the judgment of this Court in W.P. (C).No. 30107/2013 dated 15.1.2015. Various grounds are raised relating to the applicability of the Rules framed under the RTE Act as also the power of the NCTE to prescribe the minimum qualifications. It is stated the qualifications for appointment to aided schools are to be prescribed by the State Government under the Kerala Education Act and Rules and the prescription of qualifications cannot affect those teachers who had completed their courses or were undergoing such courses at the time when the qualifications were brought into effect.

(2.) The learned Government Pleader submits that the issue raised in these writ petitions is squarely covered by a judgment of this Court dated 18.12.2017 in W.P.(C).No. 5966/2012 and connected cases.

(3.) After considering the notifications issued by the Central Government authorising the NCTE to lay down the minimum qualification for eligibility for appointment as teachers and the guidelines issued by the NCTE for conduct of TET as also the constitutional and statutory scheme and the respective powers of the NCTE and the State Government and the decision of the Apex court in State of U.P. v. Anand Kumar Yadav [(2017) 8 Scale 220], the learned single Judge held that the NCTE has the power to lay down the qualifications for appointment of teachers. It was found that the NCTE Act provides for the prescription of the minimum qualifications of persons to be appointed as teachers and that the State Government would have no power to make exemptions from the qualifications so prescribed. It was further held that when the Central Act which holds the field with regard to the prescription of minimum qualification provides for such a qualification within legislative competency, it is not necessary to amend the Kerala Education Rules as the provision under the Central Act will prevail above the State legislation.