Source:  Punjab & Haryana High Court 

Why in News? 

Recently, the bench of Justice Sanjeev Prakash Sharma and Justice Meenakshi I. Mehta  has held that for the post of Junior Basic Teacher (JBT), either a Diploma in Elementary Education (D.El.Ed.) or a Bachelor in Elementary Education (B.El.Ed.) is an essential qualification in accordance with the Right of Children to Free and Compulsory Education Act, 2009. (RTE) and NCTE norms. 

• The Punjab & Haryana High Court held this in the matter of Union Territory, Chandigarh and others v. Sakshi Malik and others (2025). 

What was the Background of Union Territory, Chandigarh and others v. Sakshi Malik and others, 2025 Case ? 

• The Chandigarh Administration issued an advertisement on 16th January 2024 inviting applications for Junior Basic Teacher (JBT) positions. 
• As per the Chandigarh Education Service (School Cadre) (Group-C) Recruitment Rules, 1991 (as amended in 2018), the essential qualifications required were:  
  • Graduate or equivalent from a recognized university, and 
  • Two-year Diploma in Elementary Education (D.El.Ed) recognized by NCTE, OR 
  • Graduation with at least 50% marks and Bachelor of Education (B.Ed) 
  • Pass in Central Teacher Eligibility Test 
  • After the written test was conducted on 28.04.2024, candidates including the respondents were called for document verification. 
• Several candidates possessing Bachelor of Elementary Education (B.El.Ed) qualification were declared ineligible on the grounds that they did not possess the two-year Diploma in Elementary Education (D.El.Ed) as specified in the advertisement. 
• Despite being granted an opportunity to submit clarifications, the candidates were ultimately declared ineligible. 
• The affected candidates filed Original Applications (OAs) before the Central Administrative Tribunal (CAT). 
• The CAT allowed their applications through orders dated 19.09.2024, 25.11.2024, and 25.10.2024, directing the Chandigarh Administration to consider their candidature. 
• Aggrieved by these orders, the Chandigarh Administration filed writ petitions before the Punjab and Haryana High Court. 

What were the Court’s Observations? 

• The Court observed that after the National Council for Teacher Education Act came into force, qualifications required for filling teaching posts must be in consonance with the NCTE Act, necessitating amendments to recruitment rules from time to time. 
• The Court noted that the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) mandates free and compulsory education for children aged 6-14 years, with the NCTE establishing minimum qualifications for teachers. 
• The Court highlighted that NCTE notification dated 23.08.2010, issued under Section 23(1) of the RTE Act, laid down minimum qualifications for teachers of Classes I-V, explicitly recognizing both D.El.Ed and B.El.Ed as qualifying credentials. 
• The Court emphasized that in cases relating to teacher education, "the final authority lies with NCTE" as previously established in State of Maharashtra vs Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya (2006). 
• The Court observed that the field of education standards is "exclusively covered by Entry 66 of List I of Schedule VII to the Constitution" and State authorities have no power to encroach upon Parliament's legislative power in this domain. 
• The Court found that post-2010 NCTE Regulations, it was "incumbent on the Chandigarh Administration to have adopted and framed their Rules in conformity with the notification issued by the NCTE" and "a departure could not have been made while issuing the advertisement." 
• The Court determined that "what is essential is that a candidate must possess knowledge in Elementary Education" which can be demonstrated through either D.El.Ed or B.El.Ed qualifications as recognized by NCTE. 
• The Court observed that "default on the part of the Chandigarh Administration cannot give any advantage to a particular individual" and held that the advertisement must be read to include B.El.Ed alongside D.El.Ed as equal qualifications. 
• The Court emphasized that courts "must always attempt to harmonize the provisions of law in order to save the selections which have already been conducted," particularly since the candidates had already participated in the selection process. 

What are the Key Provisions of the Right to Education (RTE) Act in India? 

• The Act provides for free and compulsory education to all children aged six to fourteen years in India. 
• It establishes that every child has the right to full-time elementary education of satisfactory quality in a formal school that meets certain essential norms and standards. 
• The Act mandates a 25% reservation for economically disadvantaged communities in admission to private schools. 
• It prohibits all unrecognized schools from operating and prescribes penalties for those operating without recognition. 
• The Act prohibits physical punishment, mental harassment, screening procedures for admission, and capitation fees. 
• It establishes duties for the Central Government, State Governments, local authorities, parents, and schools in ensuring children receive quality elementary education. 
• It sets provisions for curriculum development and completion certificates for elementary education without any board examination. 
• The Act establishes mechanisms for protecting children's rights through monitoring bodies and grievance redressal systems. 

What is Section 23 of the RTE Act ? 

• Section 23 addresses the qualifications, appointment, and terms and conditions of service for teachers. 
• It mandates that teachers must possess minimum qualifications as laid down by an academic authority authorized by the Central Government. 
• The Central Government may temporarily relax minimum qualification requirements in states with inadequate teacher training institutions or insufficient qualified teachers for a period not exceeding five years. 
• Teachers who did not possess the minimum qualifications at the commencement of the Act were given five years to acquire them. 
• A subsequent amendment provided that teachers appointed or in position as of 31st March, 2015, who lacked minimum qualifications, were given an additional four years from the date of the 2017 amendment to acquire these qualifications. 
• The section specifies that salary, allowances, and terms and conditions of service for teachers shall be as prescribed by relevant regulations. 
• This section aims to ensure quality teaching by establishing minimum professional standards while providing reasonable accommodation for the existing teaching workforce to upgrade their qualifications.