HARISH CHAND Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) After the 86th amendment in the Constitution of India and the incorporation of Article 21 -A as a Fundamental Right, a child up to 14 years in India has a Fundamental Right for Elementary Education. Article 21 -A of the Constitution of India reads as under: -

(2.) In order to make this right a meaningful right, the Government further passed a Parliamentary Legislation known as "Right to Education Act" (from hereinafter referred to as "Act"). In the Act itself, the Parliament has laid down a provision, whereby the Central Authority shall appoint an academic authority by notification, which shall lay down the qualifications of teachers in Elementary Schools and the procedures and methods for their appointment. This is given in Section 23 of the Act, which reads as under:

(3.) In pursuance thereof, the National Council for Teachers Education (from hereinafter referred to as "NCTE") which is a creature of a statute, was appointed as a Nodal Agency and this particular authority after a meaningful discussion with concerned persons and authorities on the subject had passed a detail order on 23.08.2010. In the said notification (from hereinafter referred to as "NCTE order dated 23.08.2010"), the qualifications of Assistant Teachers in Primary Schools (Classes 1st to 5th) as well as Senior Primary Schools (Classes 6th to 8th) have been laid down.