Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.7479 OF 2009
(Arising out of SLP (C) No.27031/2008)
Irrigineni Venkata Krishna & Others …Appellants
Versus
Government of Andhra Pradesh & Anr. …Respondents
WITH
CIVIL APPEAL NOS. 7480-7481 OF 2009
(Arising out of SLP (C) Nos. 27992-27993 of 2008)
CIVIL APPEAL NOS.7482-7484 OF 2009
(Arising out of SLP (C) Nos. 30419-30421 of 2008)
CIVIL APPEAL NO.7485 OF 2009
(Arising out of SLP (C) Nos. 30860 of 2008)
O R D E R
Leave granted.
2. The Division Bench in its judgment dated
August 29, 2008, out of which the present group of seven
appeals arises, has relied upon the judgment of this Court in
Basic Education Board, U.P. vs. Upendra Rai and Others
[(2008) 3 SCC 432] in holding that the regulations framed under
the National Council for Teacher Education Act, 1993 (for short,
‘NCTE Act’) do not bind the State Government in the matter of
fixation of qualifications for teachers in formal schools. This is
what the High Court said :
“…...Following said judgment of the Apex Court in
UPENDRA RAI’s case (1 supra), we are of the view that the
judgment of the Tribunal is un-sustainable and is liable to be
set aside insofar as holding that NCTE Act has binding
nature on the State Government in the matter of fixation of
qualifications for teachers in formal schools. In the
circumstances, we find force in the contentions of the
Government that the Central Regulations framed by NCTE
purportedly made under clause (d) (i) of Sub-section (2) of
Section 32 read with section 12(d) of the NCTE Act, 1993
are not applicable or extended to formal school, and that it is
the discretion of recruiting agency to prescribe the necessary
qualification for the SGT posts.”
3. In Upendra Rai , this Court held in paragraphs 19
and 22 of the report thus :
“19. A perusal of the NCTE Act shows that this Act was
made to regulate the teachers’ training system and the
teachers’ training institutes in the country. It may
be mentioned that there are two types of educational
institutions — ( 1 ) ordinary educational institutions like
primary schools, high schools, intermediate colleges and
universities, and ( 2 ) teachers’ training institutes. The NCTE
Act only deals with the second category of institutions viz.
teachers’ training institutes. It has nothing to do with the
ordinary educational institutions referred to above. Hence,
the qualification for appointment as teacher in the ordinary
educational institutions like the primary school, cannot be
prescribed under the NCTE Act, and the essential
qualifications are prescribed by the local Acts and Rules in
each State. In U.P. the essential qualification for
appointment as a primary school teacher in a junior basic
school is prescribed by Rule 8 of the U.P. Basic Education
(Teachers) Service Rules, 1981 which have been framed
under the U.P. Basic Education Act, 1972. A person who
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does not have the qualification mentioned in Rule 8 of the
aforesaid Rules cannot validly be appointed as an Assistant
Master or Assistant Mistress in a junior basic school.”
20……………..
21…………….
22. It may be mentioned that the word “institution” is defined
in Section 2( e ) of the NCTE Act to mean an institution which
offers courses or training in teachers’ education . Thus, the
NCTE Act does not deal with the ordinary educational
institutions like primary schools, high schools, intermediate
college or university. The word “institution” as defined in
Section 2(2) [ sic 2( e )] only means teachers’ training
institutes and not the ordinary educational institutions.
Hence, it is only the teachers’ training institutions which have
to seek grant of recognition or continuation of recognition
from the Regional Committee. The ordinary educational
institutions do not have to seek any such recognition or
continuation under the NCTE Act. In fact, the NCTE Act
does not relate to the ordinary educational institutions at all.
We, therefore, fail to understand how it can be said that the
NCTE Act overrides the U.P. Basic Education Act and the
Rules made thereunder. In fact, the two Acts operate in
altogether two different fields. The NCTE Act deals with the
teachers’ training institutions while the U.P. Basic Education
Act deals with the ordinary primary schools in U.P. and not
any teachers’ training institute. The argument of learned
counsel for the respondent is thus wholly misconceived.”
4. The aforesaid reasoning and conclusion in Upendra
Rai have been assailed by the learned Senior Counsel for the
appellants and it was submitted that Upendra Rai does not lay
down the correct law that NCTE Act only deals with teachers
training institutes; that it has nothing to do with the ordinary
educational institutions and that the qualification for
appointment as teacher in the ordinary educational institutions
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like the primary school cannot be prescribed under the NCTE
Act.
5. Having given our thoughtful consideration, in our
view, it would be in fitness of things, if these appeals are heard
by a three-Judge Bench for authoritative pronouncement on the
following questions of law :
1. Whether NCTE Act only deals with the
teachers’ training institutes and the power conferred
upon the National Council for Teachers’ Education
under section 12(d) of that Act in laying down guidelines
in respect of minimum qualifications for a person to be
employed as a teacher is confined to such institutes i.e.,
teachers’ training institutes ?
2. If answer to the aforesaid question is in
negative, whether the Regulations framed in exercise of
the powers under Section 32(2)(d)(i) read with Section
12(d) of NCTE Act by the National Council for Teacher
Education laying down qualifications for employment of
teachers in primary schools is binding on the state
government and in view thereof, the state government is
denuded of its authority to enact qualifications for
appointment as teachers in primary schools?
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6. Let these appeals be placed before Hon’ble the
Chief Justice of India for appropriate directions. The parties
shall be at liberty to apply for expeditious hearing of these
appeals.
……………………J
(Tarun Chatterjee)
…….……
………..J
(R. M. Lodha)
New Delhi
November 9, 2009.
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