The petitioner challenged the requirement of the Central Teacher Eligibility Test for a Special Education Teacher post, arguing it was not needed for secondary stage classes. The Court dismissed the petition, holding the CTET mandatory per NCTE norms and supported by the Rehabilitation Council of India.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Date of decision: 4th May, 2016
ISHWARI ..... Petitioner Through: Petitioner in person with Mr.Virender, Brother of petitioner. versus
DELHI SUBORDINATE SERVICES SELECTION BOARD & ORS ..... Respondents Through: Ms. Harvinder Oberoi, Adv. for R-1 to 3 & 6. Mr. Ajit Sharma with Mr. Mayank Aggarwal, Advs. for R-5. Mr. Madan Kumar Garg, Superintendent of Education.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAJMI WAZIRI
SANJIV KHANNA, J. (ORAL)
1 . We have heard petitioner in person who is present in Court with his brother, Mr. Virender. As requested, we have also heard Mr. Virender.
Page 1 of 6 W.P.(C) 8513/2015
issued by the Delhi Subordinate Services Selection Board (DSSSB, for short).
“Post Code: 146/14 SPECIAL EDUCATION TEACHER in DIRECTORATE OF EDUCATION
Number of Vacancies : Total – 670 (UR-242, OBC-237, SC-124, ST-66) including PH-27(OH)
Essential Qualification : (i) Graduate with B.Ed (Special Education) or B.Ed with a two years Diploma in Special Education or Post Graduate Professional Diploma in Special Education OR any other equivalent qualification approved by Rehabilitation Council of India. (ii) Central Teacher Eligibility Test (CTET) conducted by CBSE.
Pay Scale : Rs.9300-34800/- + G.P. Rs.4600/-
Age Limit : Not exceeding 30 year (Age relaxation will be given as per note regarding age relaxation). All those applicants who are working in the SSA as resource persons for the children with Special needs be granted age relaxation to the extent of number of years they have worked in the SSA. General age relaxation of 10 years in case of women candidates be also applied.
This post is identified suitable for PH(OH) persons only as per the requisition of the User Department.
R.No.F.DE.4(2)330/SET/E-IV/10/262 dt. 15/10/2012.”
As per the aforesaid advertisement, the eligibility qualifications as prescribed for the post of Special Education Teacher in the Directorate of Education were; graduate with B.Ed (Special Education); B.Ed with two years diploma in Special Education; or Post Graduate professional diploma in Special Education. A person
Page 2 of 6 W.P.(C) 8513/2015
holding any equivalent qualification approved by the Rehabilitation Council of India was also eligible. The petitioner herein is a graduate with B.Ed (Special Education). Thus, she fulfils the first part of the aforesaid qualification. However, she does not fulfil the second part of the eligibility qualification, i.e., she has not passed the Central Teachers Eligibility Test conducted by CBSE, which is also known by the acronym CTET.
“4.10 The Guidelines regarding special Teachers are developed and planned by Rehabilitation Council of India (RCI) only which is a statutory authority.
So The CTET is not applicable to the Special Education Teacher.
Further there are three Levels for the post of Special Education Teachers
Page 3 of 6 W.P.(C) 8513/2015
First Level: Pre School/Nursery/Play School Level.
Second Level: Elementary (Primary/ Upper Primary) Level, i.e. Class I-V & VI to VIII respectively.
Third Level : Secondary and Senior Secondary Level i.e. Class IX to XII.
4.11 That the vacancies notified in Post Code 146/14 have required B.Ed. Special Education Qualification. This means that the vacancies are filled for Third Level as mentioned in para 4.9 above i.e. for the class IX to XII which require no CTET Qualification.”
Page 4 of 6 W.P.(C) 8513/2015
conducted by CBSE for appointment of teachers to Classes 1 to 5 and Classes 6 to 8. The advertisement in question was for filling up the post of Special Education Teacher under the Right to Education Act, 2009. In our opinion, it will not be correct and appropriate for either the Tribunal or this Court to set naught and overwrite the mandate set by NCTE. Noticeably, the Rehabilitation Council of India was consulted on this matter and by their letter dated 29.9.2012 have stated that they have no objection for including CTET as one of the minimum essential qualifications for recruitment to the post of Special Education Teacher, provided the post’s eligibility requirements include a degree of B.Ed/B.Ed in Special Education. The respondents obviously could not have acted contrary to the mandate of NCTE. As the petitioner does not fulfil the minimum eligibility criteria and as she has not cleared CTET, the Tribunal has therefore rightly dismissed the original application.
Page 5 of 6 W.P.(C) 8513/2015
Education Teachers, B.Ed. is a minimum educational requirement. To this extent, the advertisement and eligibility qualifications are not challenged.
SANJIV KHANNA, J
NAJMI WAZIRI, J
MAY 04, 2016/ak
Page 6 of 6
W.P.(C) 8513/2015
2 issues framed by the court
Whether the Central Teacher Eligibility Test is a mandatory eligibility qualification for the post of Special Education Teacher.
Whether the requirement of CTET arbitrarily excludes applicants eligible for secondary stage special education posts.
3 provisions across 3 enactments
ISHWARI
DELHI SUBORDINATE SERVICES SELECTION BOARD
SANJIV KHANNA
NAJMI WAZIRI
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
