KHEM CHAND MAHORE Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, Pro Bono, challenges constitutional validity of the Right of Children to Free and Compulsory Education (Amendment) Act, 2017 which led to insertion of proviso to sub-section (2) of section 23, made effective from 1.4.2015 published in the Gazette of India (Extraordinary) dated 10.8.2017. And to the consequential action thereon.

(2.) It is contended that with a view to maintain standard of Teacher's Education the Govt. of India intended to provide certain statutory powers to National Council for Teachers Education (NCTE), accordingly enacted National Council for Teachers Education Act, 1993. And in exercise of the powers conferred by Section 31 thereof framed regulation laying down minimum qualification, procedure for admission and conduct of the training courses for acquiring education training qualifications. It is further contended that with a view to standardize the compulsory education for Children as enshrined under Article 21-A and Article 51-A of the Constitution, the Indian Parliament further enacted Right of Children to Free and Compulsory Education Act, 2009 (for brevity "Act of 2009"). It is urged that as per section 23 (1) of the Act of 2009, a person possessing minimum qualification laid down by the academic authority authorized by the Central Government by Notification shall be eligible for appointment as a Teacher. It is contended that sub-section (2) of Section 23 of Act of 2009 empowers the Central Government to relax the minimum qualification required for appointment as a teacher in case of non- availability of adequate institutions offering the courses and training in teachers education. The relaxation it is urged is not extendable beyond five years. It is further contended that despite relaxation of five years period to acquire the necessary training to acquire qualification and the availability of the institutions recognized by the NCTE, still number of untrained teachers are permitted to continue in their job contrary to the provisions of the Act of 2009.

(3.) Giving the instance of State of Madhya Pradesh, it is urged that more than 50% seats in the institution imparting D.Ed. Qualification have remained vacant for last three years indicating therein there is no shortage of adequate institutions providing facilities for acquiring minimum qualification for the Teachers. It is urged that twice the period has been extended for the in-service candidates to acquire minimum qualification. It is contended that oblivious of this fact and instead of taking strict action against unqualified in-service teacher the Central Government has again extended the period vide impugned notification which besides being arbitrary and discriminatory is also violative of Article 14 and 16 of the Constitution and creates a class within class by confirming its applicability only to in-service candidates/teachers. It is urged that after issuance of impugned notification the NCTE has granted recognition to the National Institute of Open Schooling (NIOS) Noida for imparting teachers training contrary to the provisions of the Act of 1993 by relaxing the stipulations contained in the NCTE Regulation 2014. It is urged that laying down the norms in respect of minimum qualification for a person to be employed as teacher vests with the NCTE it is beyond the domain of the Ministry of Human Resources & Development to delve in.