Petitioner challenged appointment of a non-Graduate as Headmaster, claiming violation of teacher qualification norms. Court held that prior judicial precedent covers teachers appointed before 2001, rendering promotion without degree permissible for them.
Petition dismissed; earlier interim order vacated.
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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GAHC010180482015
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 7871/2015
1:BAPDHAN MAHANTA S/O LT. SOM CHANDRA MAHANTA R/O BHOGBARI SATRA P.O. AIBHETI, P.S. JAJORI DIST. NAGAON, ASSAM, PIN- 782002.
VERSUS
1:THE STATE OF ASSAM AND 5 ORS REP. BY THE COMMISSIONER and SECRETARY, TO THE GOVT. OF ASSAM, EDUCATION ELEMENTARY DEPARTMENT, ASSAM, DISPUR, GUWAHATI06. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019.
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER NAGAON ASSAM- 782001. 4:THE DISTRICT INSPECTOR OF SCHOOLS NAGAON ASSAM PIN - 782002. 5:THE BLOCK ELEMENTARY EDUCATION OFFICER KHAGORIJAN BLOCK NAGAON ASSAM- 782001. 6:SMTI. NIRALA BORA W/O MAHESH KALITA R/O BATADRABA XORUHISSA P.O. BATADRABA DIST. NAGAON ASSAM
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Advocate for the Petitioner : MR.K SINGHA
Advocate for the Respondent : MR.P K MAZUMDARR-6
BEFORE HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
ORDER (ORAL)
Date : 17-09-2019
Heard Mr. K. K. Mahanta, learned senior counsel assisted by Mr. B. M. Deka, learned counsel for the petitioner. Also heard Mr. J. Abedin and Mr. N. Sarma, learned Standing Counsel, Elementary Education Department for the State. None appears for the private respondent No. 6 though she was represented through a counsel whose name is also reflected in the cause list.
The matter is accordingly proceeded.
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(i) It has been submitted that the post of Headmaster is to be filled up in terms of Assam Elementary Education (Provincialisation) Rules, 1977.
Under Rule 3 (b) (iii), the minimum qualification provided for a person to be eligible for appointment as a teacher in an elementary school shall be as per Notification issued by the State government from time to time in conformity with the NCTE norms.
(ii) It has been further stated that these qualifications shall be applicable to all category of elementary schools and in case of any relaxation required in respect of any qualification as prescribed by the NCTE, the State government shall take the matter with the Government of India in case of relaxation.
(iii) It has been submitted that as far as the NCTE norms are concerned, it is very clear that a person must be a Graduate to hold the post of Teacher. Learned senior counsel for the petitioner contends so on the basis of the notification issued by the NCTE on 03.09.2001 containing the Regulations known as “National Council of Teacher Education (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001” which were framed in exercise of powers conferred under Clause d (i) of Sub-Section (2) of Section 32 read with Section 12(d) of the National Council of Teacher Education Act, 1993.
It has been provided under Regulation 2 that these regulations shall be applicable for recruitment of teachers in all formal schools established, run or aided or recognized by Central or State Government or other authorities imparting education at elementary (primary, upper primary/middle school) secondary and senior secondary stages.
Regulation 3 lays down the qualification of recruitment as mentioned in First and Second Schedule attached to the said Regulation.
(iv) The First Schedule specifically provides for recruitment to the post of teachers in Elementary School and Upper Primary (Middle Class School) with which the
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present petition is concerned. The minimum academic and professional qualifications have been laid down as follows:
FirstSchedule to the National Council for Teacher Education (Determination of Qualifications for Recruitment of Teachers) Regulations, 2001
Recruitment qualifications for recruitment of teachers in educational institutions mentioned in Section 2 of the Regulations
| LEVEL M Q |
INIMUM ACADEMIC AND PROFESSIONAL UALIFICATIONS |
|---|---|
| IELEMENTARY a. Primary |
i. Senior Secondary School certificate or Intermediate or its equivalent; and ii. Diploma or certificate in basic teachers’ training of a duration of not less than two years. OR Bachelor of Elementary Education (B.El.ED) |
| i. Senior Secondary School Certificate or | |
| b. Upper Primary (Middle School Section) |
Intermediate or its equivalent; and ii. Diploma or certificate in elementary teachers training of a duration of not less than two years. OR Bachelor of ElementaryEducaiton(B.EL.ED) OR Graduate with Bachelor of Education (B.ED) or its equivalent. |
(v) Though the said Regulations, 2001 provide for Graduation as a qualification
but it was in the nature of alternate qualification. In other words, even if, a person did not
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have Graduation but had senior Secondary School Certificate or Intermediate or its equivalent and Diploma or certificate in Elementary Teachers Training of a duration of not less than two years, he could be eligible for appointment to the post of teacher in Upper Primary/Middle Class Section.
(vi) However, subsequently in a notification issued by the NCTE on 23.08.2010 in exercise of the powers conferred under Sub-Section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009, the NCTE prescribed the minimum qualification of Graduation in respect of Teachers who would be teaching Class VI to Class VIII i.e. Upper Primary School. Thus, by the said notification dated 23.08.2010 possession of Graduation has become an essential qualification for the appointment to the post of Teacher in respect of Upper Primary School.
(vii) However, the said notification also gives certain exemption for appointment to the post of Teacher, if they had been appointed without the Graduation. If they had been appointed prior to 03.09.2001, the said requirement of possession of Graduation cannot be insisted upon for appointment to the post of Teachers in Class VI to VIII for the Upper Primary/Middle school.
(viii) It is the contention of the petitioner that the said Notification dated 03.09.2001 though has given exemption for appointment to the post of teachers in the Upper Primary/Middle School Section without having Graduation for those who were appointed as Teachers prior to 03.09.2001, it does not also specifically provided that these teachers though not possessing Graduation can be considered for appointment to the post of Headmaster.
(ix) In other words, it has been submitted that the aforesaid exemption clause provided under para No. 4 of the said notification dated 03.09.2001 will not make any teacher without having graduation to be eligible for promotion to the post of Headmaster and accordingly, it has been submitted that the promotion of the respondent No. 6 as Headmaster without having Graduation is illegal.
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issue which had been raised in another writ petition, being WP(C) No. 7522/2013 and decided by this Court on 10.04.2018 by holding that those teachers who were appointed prior to 03.09.2001 would not require to have a degree qualification for being a teacher of an M.E. School and there is no bar for such teachers who were appointed prior to 03.09.2001 to be promoted to the post of Headmaster provided that they have the minimum education qualification as per the procedure of promotion to the post of Headmaster given in the notification dated 02.03.2010 issued by the Education (Elementary) Department.
The said notification dated 23.08.2010 nowhere provides that even a teacher appointed prior to 03.09.2001 who has been appointed as a teacher without possession of Graduation, can be also considered for promotion to the post of Headmaster without possession of Graduation. Thus, it has been submitted that while a teacher appointed prior to 03.09.2001 and who does not have Graduation can be appointed as Teacher under the aforesaid notification dated 23.08.2010, he cannot be given appointment to the post of Headmaster, which is a promotional post without having Graduation.
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appointment to the higher post, i.e. Headmaster, one has to have Graduation. It is inconceivable that if Graduation is made a mandatory requirement for appointment to the post of Teacher that it will not be so in respect of a higher promotional post which has to be filled amongst the teachers and since the said NCTE notification dated 28.08.2010 had specifically and categorically nowhere stated that even those teachers who were appointed prior to 03.09.2001 and do not possess graduation can still be given promotion/appointment to the post for Headmaster, the said decision will be confined to the particular facts of the case and will not be applicable in the present case. It has been submitted that this issue needs to be decided by this Court. It has been submitted that it will be quite apparent that since NCTE notification dated 23.08.2010 has not specifically provided enabling promotion to the post of Headmaster by teachers who do not have the Graduation, this Court may interfere with the appointment of private respondent No. 6.
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Provided that a teacher of class I to V possessing B.Ed qualification, or a teacher possessing B.Ed (Special Education) or D.ED (Special Education) qualification shall undergo an NCTE recognized 6 –moth special programme on elementary education.
The aforesaid notification nowhere states that before a person is eligible for being considered for promotion to the post of Headmaster, he or she must have completed Graduation.
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Government on 02.03.2010 before the NCTE notification was issued by the NCTE on 23.08.2010 prescribing the qualification required for appointment to the post of Teachers.
Therefore, it is doubtful whether such notification issued by the State Government prescribing educational qualification for promotion to the post of Headmaster can still hold the field after the NCTE has made it very clear vide notification dated 23.08.2010 that appointment to the post of teachers, graduation is a necessity in Upper Primary/Middle English School and graduation will be a necessary qualification except for those who were appointed prior to 03.09.2001.
“2. The petitioners case in brief is that in view of the NCTE guidelines given under the provisions of the Right of Children to Free and Compulsory Education Act, 2009, wherein teachers of Class-VI to VIII (ME School) are required to have the educational qualification of BA/B.Sc. amongst other qualifications vide NCTE notification dated 29.07.2011, the respondents cannot be allowed to promote persons who do not have a degree qualification, to the post of Headmaster of a ME School, even if they had been appointed as teachers, as per the earliest educational qualification of Matric/HSLC pass required, to be a teacher of a M.E. School.
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ME/MEM/MV Schools (Upper Primary) in the Bilasipara Sub-Division. He submits that the State respondents are seeking to affect promotion of persons, who do not have a degree qualification, to the post of Headmaster. Accordingly, he submits that the notification dated 02.03.2010 issued by the Commissioner & Secretary to the Government of Assam, Education (Primary and Secondary) Department which requires only Matric/HSLC qualification for promotion to Headmaster, should be set aside, as promotion to the post of Headmaster, as per the NCTE notification dated 29.07.2011, required a teacher to have a degree qualification.
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“10. A reading of Para 4(C) of the NCTE notification dated 23.08.2010 and the NCTE letter dated 28.08.2017 shows that those teachers who were appointed prior to 03.09.2001 would not require to have a degree qualification for being a teacher of an M.E. School as the NCTE Notification dated 23.08.2010 would not be applicable to them. Accordingly, there is no bar for teachers appointed prior to 03.09.2001, to be promoted to the post of Headmaster, provided they have the minimum educational qualification of Matric/HSLC pass as per the Procedure for Promotion to the post of Headmaster of ME/MEM/MV and Senior Basic Schools, as given in the notification dated 02.03.2010, issued by the Education (Elementary) Department, Assam. As there is nothing to show in the present writ petition that the State respondents are planning to consider promotion of teachers to the post of Headmasters, who have been appointed subsequent to 03.09.2001, no case has been made out by the petitioners for interference by this Court. Accordingly, the present writ petition being devoid of any merit is dismissed.”
`In the present case, the respondent No. 6 was admittedly appointed prior to 03.09.2001 as she was appointed on 09.08.1982 and as such, the present case can be said to be covered by the decision rendered in the aforesaid writ petition, WP(C) No. 7522/2013.
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Headmaster has not been specifically decided by this Court in the aforesaid writ petition, this Court is of the opinion that as there is a finding given by a Cognate Bench of this Court, this Court cannot entertain this plea also.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether teachers appointed prior to 03.09.2001 without Graduation are eligible for promotion to the post of Headmaster.
Whether the State has made a fresh consideration for promoting teachers without Graduation to the post of Headmaster.
Colour shows how this judgement treated each authority
WP(C) No. 7522/2013Relied on¶22
4 provisions across 4 enactments
Bapdhan Mahanta
The State of Assam
Commissioner and Secretary to the Govt. of Assam, Education Elementary Department, Assam
Director of Elementary Education Assam
District Elementary Education Officer Nagaon Assam
District Inspector of Schools Nagaon Assam
N. Kotiswar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
