SWARNAJIT BASU Vs. UNION OF INDIA

JUDGEMENT

(1.) Though hearing of the matter concluded sometime back, but the Court deferred delivering judgment to avoid conflict of decision as the issue in question was pending consideration before the Hon'ble Supreme Court. After order was passed by the Hon'ble Supreme Court the instant judgment is being prepared.

(2.) The writ petition has been filed challenging the notification of the National Council for Technical Education being no. F NCTE-Regl 012/16/2018 dtd. 28/6/2018 whereby candidates possessing qualification of Bachelor of Education (B.Ed) from any NCTE recognized institution was considered eligible for appointment as teachers in classes one to five provided the candidate mandatorily undergoes a six-month bridge course in elementary education recognized by the NCTE within two years of appointment as primary teacher.

(3.) The Hon'ble Supreme Court in the matter of Devesh Sharma vs. UOI and Ors. reported in 2023 SCC Online SC 985 vide judgment dtd. 11/8/2023 was pleased to quash and set aside the impugned notification dtd. 28/6/2018. The Court was pleased to inter alia observe that the B.Ed qualified teachers were essentially kept out from the purview of the eligibility of the teachers in primary schools as B.Ed was not considered as 'qualification' for teachers at primary level. The inherent pedagogical weakness in B.Ed courses for primary classes, is well recognized, and it is for this reason that the B.Ed trained teachers were required to undergo six- month training in elementary classes within the first two years of their appointment.