# Uttar Pradesh Basic Shiksha Parishad v. Sakshi Shukla & Ors

- **Citation:** (2016) 4 ILRA 966
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2016-04-07
- **Bench:** V.K. Shukla, Mahesh Chandra Tripathi
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/uttar-pradesh-basic-shiksha-parishad-v-sakshi-shukla-ors-43711
- **Pages:** 24

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966 INDIAN LAW REPORTS ALLAHABAD SERIES
--------
APPELLATE JURISDICTION
CIVIL SIDE
 DATED: ALLAHABAD 07.04.2016

BEFORE

THE HON'BLE V.K. SHUKLA, J.
THE HON'BLE MAHESH CHANDRA TRIPATHI, J.

Special Appeal No.- 915 Of 2015

Uttar Pradesh Basic Shiksha Parishad. ...Appellant
Versus
Sakshi Shukla & Ors. ...Respondents

Counsel for Appellant:
Arun Kumar

Counsel for Respondents:
C.S.C., Rashmi Tripathi, Satyendra Chandra Tripathi, Shailendra

Proceedings & Procedure

This Special Appeal was filed by the U.P. Basic Shiksha Parishad, Allahabad, challenging the judgment and
order of the learned Single Judge dated 16th February 2015 in Writ Petition No. 9416 of 2015 (Sakshi Shukla
& others vs. State of U.P. & others), under Article 226 of the Constitution of India. The Single Judge had
directed the appellant to issue a corrigendum to the advertisement dated 12.12.2014, including Nursery
Teacher Training (N.T.T.) as a qualification for Assistant Teacher recruitment for Classes I to V, thereby
allowing the petitioners to apply.
The appeal involves verifying whether the N.T.T. qualification held by petitioners was recognized under the
National Council for Teacher Education (N.C.T.E.) regulations for appointment as teachers in Classes I to V.

Facts

Government Order dated 9.12.2014 notified recruitment of 15,000 Assistant Teachers in Junior Basic Schools
run by U.P. Basic Shiksha Parishad.
Advertisements for the posts were issued on 12.12.2014 and 13.12.2014.
Petitioners challenged the advertisement dated 13.12.2014, seeking inclusion of N.T.T. as a required
qualification.
The Single Judge allowed the writ petition on 16.02.2015, following Division Bench judgments in Uma Yadav
vs. State of U.P. (2014) and Harsh Kumar vs. State of U.P. (2014), directing inclusion of N.T.T. as
eligibility.
U.P. Basic Shiksha Parishad argued N.T.T. is not recognized by N.C.T.E. for teaching Classes I to V.
N.C.T.E. confirmed N.T.T. course under Regulation 2002 (Appendix 4) is for children aged 4-6 and first two
years of school (age 6-8), not for Classes III to V, and is not recognized under Regulation 2009 (Appendix
I/II).
Petitioners submitted N.T.T. diploma holders were permitted to appear in UPTET, and prior judgments upheld
their eligibility, invoking principle of constructive res-judicata.
4 All. Uttar Pradesh Basic Shiksha Parishad. Vs Sakshi Shukla & Ors.

967
Contentions

Appellant (U.P. Basic Shiksha Parishad):

Single Judge erred by following Uma Yadav and Harsh Kumar judgments without verifying actual N.C.T.E.
recognition of N.T.T. qualification.
N.T.T. is not recognized under N.C.T.E. 2009 regulations for teaching Classes I to V.
Petitioners' diplomas recognized only for preschool/early primary education (Classes below I).

Respondent (Sakshi Shukla & others):

Issue already adjudicated; principle of constructive res-judicata bars the appeal.
N.T.T. diploma recognized by NCTE and sufficient for Elementary Teacher Eligibility Test (UPTET) for Classes I
to V.
Previous judgments confirmed that petitioners could apply for Assistant Teacher posts, making the appeal
impermissible.

Analysis

Jurisdiction and Bona Fides:

Learned Single Judge relied on Division Bench decisions (Uma Yadav & Harsh Kumar) in good faith without
N.C.T.E. as a party.

Recognition of N.T.T. Qualification:

N.T.T. recognized under Regulation 2002, Appendix 4 for children aged 4-6 and Classes I-II (6-8 years).
N.T.T. not recognized under Regulation 2009, Appendix I or II, which governs Elementary Teacher
Education (Classes I-VIII).
Diploma insufficient for teaching beyond age 8 (Classes III-V).

Teacher Eligibility Test (TET) Consideration:

Passing TET does not replace academic/training qualification.
N.T.T. holders passing TET still do not meet the requisite qualification to teach Classes III-V.

Constructive Res-Judicata Argument:

Earlier judgments allowed candidates under NCTE notification dated 23.08.2010.
However, current petitioners' qualification differs, requiring fresh assessment under NCTE norms.
Res-judicata does not apply because authorities must verify eligibility based on the precise NCTE recognition.

Regulatory Framework:

NCTE (1993) statutory framework governs teacher qualifications.
Amendments in 2002, 2009, 2010, 2011, and 2014 define separate recognition for Early Childhood (ECE) and
Elementary Education.
N.T.T. falls under Early Childhood Education; appointment for Class III-V not sanctioned under current
regulations.
968 INDIAN LAW REPORTS ALLAHABAD SERIES
Merit-Based Assessment:

Petitioners understood the course targeted preschool and early primary classes.
Appointment for Classes I-V would exceed scope of recognized training.

Case Law Cited

Uma Yadav vs. State of U.P. & others, Special Appeal Defective No. 278 of 2014
Harsh Kumar vs. State of U.P. & others, Special Appeal Defective No. 130 of 2014
Shiv Kumar Sharma vs. State of U.P., 2013 (6) ADJ 310 - Clarification on TET and minimum
qualifications
Forward Construction Company vs. Prabhat Mandal (1986) 1 SCC 100 - Principle of constructive resjudicata

Headnote

The Special Appeal challenges a Single Judge order directing U.P. Basic Shiksha Parishad to consider N.T.T.
diploma holders for Assistant Teacher posts (Classes I-V). The issue hinges on whether N.T.T. course
qualifies under NCTE regulations for elementary education. N.T.T. recognized under 2002 regulations
(Appendix 4) for preschool/early primary education, but not under 2009 regulations (Appendix I/II) for
Classes I-V. Passing TET alone does not confer eligibility. Petitioners cannot be appointed to teach Classes
III-V. The appeal highlights the interplay between statutory regulations, prior judicial precedents, and
administrative verification of teacher qualifications.

Conclusion

Learned Single Judge erred in allowing writ petition solely on prior Division Bench judgments without verifying
NCTE recognition.
Petitioners' N.T.T. qualification recognized only for preschool and early primary education (up to Class II).
Petitioners are not eligible to be appointed as Assistant Teachers for Classes I-V in schools run by U.P. Basic
Shiksha Parishad.
Special Appeal allowed.
Single Judge's judgment set aside.
No order as to costs.

(Delivered by Hon'ble V. K. Shukla, J.)

1. Uttar Pradesh Basic Shiksha Parishad Allahabad through its Secretary, respondent-appellant
is before this Court assailing the validity of judgement and order of learned Single Judge dated 16th
February, 2015 passed in Writ Petition No.9416 of 2015 (Sakshi Shukla and others vs. State of
U.P. and others), by which the petition filed by petitioners, under Article 226 of the Constitution of
India, has been allowed with the direction to the respondent-appellant, U.P. Basic Shiksha Parishad
Allahabad to issue a corrigendum to the advertisement dated 12.12.2014 indicating therein Nursery
Teacher Training (N.T.T.) as the eligibility qualification and accordingly allowing petitioners to fill
up the application form and their candidature be considered.
4 All. Uttar Pradesh Basic Shiksha Parishad. Vs Sakshi Shukla & Ors.

969

2. Brief background of the matter is that pursuant to Government Order dated 9th December,
2014 notifying the recruitment, for filling up 15000 posts of Assistant Teachers in Junior Basic
Schools run by U.P. Basic Shiksha Parishad, Allahabad, the District Basic Education Officer of
various districts of U.P. advertised the aforesaid vacancies in their respective districts on
12.12.2014 and 13.12.2014. Petitioners-opposite party proceeded to challenge the advertisement
dated 13.12.2014 issued in pursuance of Government Order dated 9th December, 2014 by filing
Civil Misc. Writ Petition No.9416/2015 seeking a writ of certiorari quashing the aforesaid
advertisement and for a further direction in the nature of mandamus commanding the respondentappellant to re-advertise the vacancies after including Nursery Teachers Training as a necessary
qualification.

3. The said writ petition in question has been allowed vide judgement and order dated 16th
February, 2015 passed in Civil Misc. Writ Petition No.9416/2015 (Sakshi Shukla and others vs.
State of U.P. and others) following the law laid down by the Division Bench of this Court in the
case of Uma Yadav and another vs. State of U.P. and others (Special Appeal Defective No.278 of
2014), as well as upon the judgement of another Division Bench of this Court in the case of Harsh
Kumar and another vs. State of U.P. And others (Special Appeal Defective No.130 of 2014) and
based on the same directives have been issued to issue corrigendum to the advertisement dated
12.12.2014 indicating therein N.T.T. as an eligibility qualification and the petitioners be allowed to
fill-up the application form and their candidature be considered. Against this order in question,
present Special Appeal in question has been filed by U.P. Basic Shiksha Parishad Allahabad.

4. On the presentation of the Special Appeal in question, U.P. Basic Siksha Parishad
Allahabad through its Secretary has been submitting that learned Single Judge has clearly
transgressed and overstepped its jurisdiction at the point of time when directives have been issued
to issue corrigendum to the advertisement dated 12.12.2014 by including therein N.T.T. also as one
of the eligibility qualification and petitioners-respondents be allowed to fill up form and their
candidatures be considered, whereas the fact of the matter is that N.T.T. is not at all a qualification
recognized by National Council for Teachers Education (N.C.T.E.) for imparting education to
students of Class I to V and issuance of such directives is totally unjustifiable, inasmuch as, N.T.T.
course is not recognized under Appendix I or II of Recognition (Norms and Procedure) Regulation
2009 as well as other relevant provisions.

5. N.C.T.E. was not a party before the learned Single Judge and as respondent-appellant has
been submitting before this Court that N.T.T. course is not recognized by the N.C.T.E. for being
appointed as a Teacher for Class I to V, we, in our turn, asked Ms. Rashmi Tripathi, who represents
N.C.T.E., to obtain requisite instructions in the matter and thereafter requisite instructions have
been obtained by her and then on 20th January, 2016, we proceeded to pass following order:

"On the matter being taken up today, requisite instruction so obtained by Ms. Rashmi
Tripathi, Advocate are as follows:-
970 INDIAN LAW REPORTS ALLAHABAD SERIES

1. NTT course is not recognized under Appendix 1 or 2 of the Recognition (norms and
procedure) Regulations 2009. Appendix 1 is meant for Diploma in Early Childhood Education
programme leading to D.E.C.Ed.

2. NCTE grants recognition for early Childhood Education as per norms and Standard
given under appendix 1 and elementary Education under appendix 2 of Recognition (norms and
procedure) Regulations 2009.

The candidate obtained diploma in NTT which was recognized as per Recognition
(norms and procedure) Regulations 2002 was notified on 13.11.2002 which inter-alia takes care of
NTT programme is basically meant for children in the age group of 4-6 followed by first 2 years of
formal education i.e. of children in the age group of 6-8 years.

In other words this programme integrates Pre School teacher eduction programme and
Nursery Teacher Education both. However so far as appointment of Assistant Teacher is concerned
which teaches from class 1 to V. The NTT Diploma holders are not eligible for appointment of
same.

3. No, NTT course as mentioned in Government order dated 30.06.2010 is not recognized
under appendix 1 or 2 of Recognition (norms and procedure) Regulation 2009. However NTT.
Course is recognized as per appendix 4 of Recognition (norms and procedure) Regulations 2002.

4. In Recognition (norms and procedure) Regulations 2009 under appendix 1 has
subsumed Pre School Teacher Education programme (PTT) and Nursery Teacher Training
Programme (NTT) both i.e. appendix 3 and 4 of Recognition (norms and procedure) Regulations
2002 and thereby changed the nomenclature of Diploma in Early Childhood Education (D.E.C.Ed.)
as appendix 1. Further NTT Course of 2 years duration in Dau Dayal P.G. College was granted
recognition under appendix 4 of Regulation 2002 and not under Regulations 2009.

 We feel appropriate that a responsible officer of N.C.T.E. should file affidavit before this
Court in reference to the averment that has been mentioned in the letter addressed to the counsel
concern.

In this regard, one week time is accorded to Ms. Rashmi Tripathi, Advocate for enabling
her to file affidavit before this Court. Copy of affidavit be served on Sri Shailendra Advocate as
well as Sri Arun Kumar Advocate in all eventuality by 01.02.2016.

Put up this case on 04.02.2016 in computer list."

6. Pursuant to the directives issued by us, Regional Director based at N.C.T.E. on behalf of
N.C.T.E. proceeded to file affidavit and in the affidavit that has been so filed following averments
have been mentioned:
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971

"That the candidates who have obtained diploma in N.T.T. Course from Dau Dayal
Mahila (P.G.) College Firozabad which was recognized on 13.04.2004 as per Appendix-4 of
Regulation 2002 known as Norms and Standards for Nursery Teacher Education Programme (form
of Application for recognition, the time limit of submission of application, Determination of Norms
and Standards for Recognition of Teachers Education Programme and permission to start new
course of training), Regulation 2002.

That Regulation 2002 has been notified on 13.11.2002 which was published in the
Gazette of India Extraordinary Part III Section 4 as No.248 of November 18, 2002.

That N.T.T. Course is basically meant for children in the age group of 4 to 6 followed by
the first two years in a formal school i.e. of children in the age group of 6 to 8 (as mentioned in
appendix-4 of Regulation 2002.

That N.T.T. Course is not recognized under Appendix-1 or Appendix-2 of the N.C.T.E.
(Recognition Norms and Procedure), Regulations 2009. Appendix-I of Regulation 2009 is only
meant for Early Childhood Education Programme leading to Diploma in Early Childhood
Education (D.E.C.Ed.).

That Early Childhood Education ECE including Class I and II of the Primary Education
is of crucial importance especially from the point of view of the development of child's language,
intelligence and personality.

That Appendix-2 of Regulation 2009 is meant for Diploma in Elementary Teacher
Education Programme leading to Diploma in Elementary Education (D.E.C.Ed.).

That Elementary Teacher Education Programme aims at preparing teachers for
elementary stage of education i.e. Class I to VI/VIII.

In Recognition (Norms and Procedure) Regulation 2009, under Appendix-I has subsumed
Pre-School Teacher Education Programme (P.T.T.) and Nursery Teacher Training Programme
(N.T.T.) both i.e. appendix-3 and 4 of Recognition (Norms and Procedure) Regulation 2002 and
thereby changed the nomenclature of Diploma in Early Childhood Education (D.E.C.Ed.) as
appendix-1. Further N.T.T. Course of 2 years duration in Dau Dayal P.G. Mahila College was
granted Recognition under appendix-4 of the Regulation 2002 and not under the Regulations of
2009.

That N.T.T. Course as mentioned in the Government Order dated 30.06.2010 annexed as
annexure 2 to the affidavit filed alongwith Special Appeal is not recognized under the Appendix-1
or 2 of the Regulations 2009. However, N.T.T. Course is Recognized as per Appendix-4 of the
Regulation 2002.
972 INDIAN LAW REPORTS ALLAHABAD SERIES

That however so far as the appointment of Assistant Teacher is concerned which teachers
from class 1 to 5, the N.T.T. Course holders are not eligible for appointment of the same."

7. Copy of this Short Affidavit has been served upon Shri Shailendra, Advocate representing
the petitioners-opposite parties no. 1 to 6 as well as on Shri Arun Kumar, Advocate, who has been
representing respondent-appellant before this Court and thereafter a Short Counter Affidavit has
been filed on behalf of petitioners- opposite parties no.1 to 6 and therein following averments have
been mentioned:

"That in order to bring certain documents, which are necessary to be demonstrated at the
time of hearing of the aforesaid matter afresh, the answering respondent is filing the present Short
Counter Affidavit just to enclose the documents and certain facts which have been concealed in the
present special appeal.

That the aforesaid Special Appeal is being filed challenging the judgement and order
dated 16.02.2015 passed by this Hon'ble Court in Writ Petition No.9416 of 2015 (Sakshi Shukal
and 5 others vs. State of U.P. and 2 others).

That the aforesaid judgement dated 16.02.2015 has been passed relying on the judgement
dated 11.03.2014 passed in Special Appeal (Defective) No.278 of 2014 (Uma Yadav and another
vs. State of U.P. and others) and on another judgement dated 05.02.2014 passed in Special Appeal
(Defective) No.130 of 2014 (Harsh Kumar and another vs. State of U.P. and others).

That in the judgement of Uma Yadav (supra) there was specific observation that only
thing requires to be considered is that the appellant held notification strictly in accordance with the
notification issued by the N.C.T.E. Para 16 quoted in para 4 of the judgement is hereby
reproduced:-

"We clarify that the issue as to whether the appellants hold the qualifications strictly in
accordance with the notification issued by the N.C.T.E. has not been decided by us since that is a
matter of verification by the authority concerned."

And similar was the finding in case of Harsh Kumar, hence, only thing requires to be
seen is that the qualification acquired by the appellant whether recognized by N.C.T.E. or not ?

That the appellant concealed the material fact before this Hon'ble Court that the aforesaid
judgements were also challenged before the Apex Court in case of Uma Yadav (qualification NTT)
and in the case of Brahm Singh (qualification B.E.Ld.) and SLP was filed and the same was
dismissed on 1.7.2008. SLP No.8869 of 2015 (State of U.P. and others vs. Brahm Singh and
others) filed against the judgement dated 26.02.2014 of Allahabad High Court and another SLP
No.8908 of 2015 (State of U.P and others vs. Uma Yadav) has been filed arising out of the
judgements dated 11.03.2014. Both these SLPs were dismissed by the Hon'ble Apex Court on
01.07.2015.
4 All. Uttar Pradesh Basic Shiksha Parishad. Vs Sakshi Shukla & Ors.

973

That so far as the case of Brahm singh is concerned, it has already been impleaded and
notification in that respect has also been made by the State Government on 04.12.2015.

That so far as the eligibility is concerned, that requires to be governed by notification of
NCTE dated 23.08.2010 and 29.07.2011.

That as per notification dated 29.07.2011, this could be verified that 2 year diploma
alongwith graduation is mentioned as per eligibility for consideration for appointment in Classes-1
to 5. So far as the diploma is concerned, like diploma in education, for entry requirement in only
intermediate. For courses like Nursery Teachers Training, it is a two year course but for entry, the
graduation is minimum eligibility. To that extent, reference in Part-I of N.C.T.E. Notification, two
year diploma for elementary education, there is specific mention whatever be name includes
N.T.T.E.

That so far as the Nursery Teachers Training is concerned, it is a recognized course for
National Council for Teacher Education. In reference to Dau Dayal Mahila P.G. College, copy of
the letter dated 13.04.2004 issued by the NCTE granting approval for NTT course.

That so far institution Dau Dayal Mahila P.G. College is concerned, it also got affiliation
by letter dated 17.03.2010 from Sachiv Pariksha Niyamak Adhikari.

That another notification came from the National Council for Teacher Education is dated
12.11.2014, which also includes the schools (pre school/nursery followed by 2 year informal
school) i.e. class 1 and class 2, in which diploma in nursery education 2 year course is a valid
qualification. Petitioner is relying upon Ist schedule of the notification. If the notification in nursery
is sufficient for 2 year in formal school, eligibility cannot be denied for consideration for primary
institution for Classes 1 to 5.

That in order to show that requirement for entry in NTT course is graduation, answering
respondent is filing the notification as per Government Order dated 30.06.2010. In the said
notification, there was no mention that this course is only for nursery.

That the answering respondent further requires to compare of diploma in Early Childhood
Education including Classes-1 and 2 of primary education.

That in the preamble of Appendix-I, there is clearly mention that the Early Childhood
Education includes Classes 1 and 2 to the Primary Education.

That there is a discrimination for Classes 1 and 2 as claimed by the State Government in
Primary School and Pre Primary Schools. By perusal of the course, this could be verified that the
course of NTT is better and more exhaustive than the course of D.E.C.Ed. It includes the course
relating to primary and pre primary education. Clause-6 of the said course could be verified.
974 INDIAN LAW REPORTS ALLAHABAD SERIES

That so far as notification of U.P. T.E.T. Is concerned, the authorities have accepted that
the Nursery Teacher Training Course is sufficient for appointment as Assistant Teacher in Classes
1 to 5 and that is why the UPTET 2011, 2013 to 2014, Nursery Teacher Training Course, trained
teachers were allowed to appear in UPTET, treating them eligible for consideration for
appointment as Assistant Teacher in primary institution.

That the answering respondent is also filing herewith the judgement in case of Harsh
Kumar passed by Hon'ble Apex Court in SLP No.12060 and 12061 of 2014 dated 03.11.2014.

That it is necessary to mention here that allowing TET candidates to appear in UPTET
itself confirms that the NTT holders were itself eligible as for Nursery Training Teacher could be
requires. Fact could be verified from the notification of 2014.

That even earlier by Government order dated 4.1.1986, Government declare CT nursery
and CT Home Science, equivalent to BTC."

8. On the basis of material that has come on record, present Special Appeal in question has
been taken up for final hearing and disposal.

9. Shri Arun Kumar, Advocate appearing for U.P. Basic Shiksha Parishad submitted with
vehemence before us that in the present case, the learned Single Judge has totally misunderstood
the controversy in question by deciding the writ petition in question on the terms of the judgement
delivered in the case of Uma Devi (Supra) and Harsh Kumar (Supra), whereas the fact of the matter
is that both the aforementioned judgements are not at all applicable/attracted in the facts of the case
as here N.T.T. course is not at all recognised under Appendix I and II of Recognition (Norms and
Procedure) Regulation 2009 and once the N.T.T. certificate that has been acquired by petitionersopposite parties was recognized only for a particular set of teaching, then they could not have been
directed to be considered for teaching Class I to V and as such, the Special Appeal deserved to be
allowed on the basis of pleadings that is available on record.

10. Learned Standing Counsel has also supported the view that has been raised by U.P. Basic
Shiksha Parishad before this Court.

11. Ms. Rashmi Tripathi, Advocate, who has appeared on behalf of N.C.T.E., has also come
up with the specific case that petitioners-respondents are ineligible to be appointed as teachers for
teaching Classes I to V in the institutions run and managed by the U.P. Basic Shiksha Parishad at
Allahabad.

12. Shri Shailendra, Advocate, who has appeared on behalf of petitioner-opposite parties nos.1
to 6, on the other hand contended that the issue that is being sought to be raised by respondentappellant, cannot be permitted to be raised, inasmuch as, all such issues have been raised before the
Apex Court in the case of Uma Yadav (supra) and the said issue did not find favour and as such,
issue raised in the present Special Appeal are, in effect, barred by principal of res-judicata and
4 All. Uttar Pradesh Basic Shiksha Parishad. Vs Sakshi Shukla & Ors.

975
coupled with this, the certificate which has been opted by the petitioners-respondents, therein
Section 2(h) of the N.C.T.E. Act deals with elementary education, which is inclusive of teaching
Class I and II and not only this, at the point of time, in reference of Teacher's Eligibility Test, State
Government has accorded permission to N.T.T. diploma holders to pass T.E.T. Test, then to say
that N.T.T. Certificate holder cannot teach Class I to V, is unacceptable and a closed chapter cannot
be permitted to be reopened.

13. Before we proceed to consider the respective arguments, we proceed to take note of the
fact that the National Council For Teacher Education, in its previous status since 1973, was an
advisory body for the Central Government and State Government on all matters pertaining to
teacher education, with its Secretariat in the Department of Teacher Education of The National
Council of Educational Research and Training (N.C.E.R.T.). The National Policy on Education
(N.P.E.), 1986 and the programme of action thereunder, envisaged a National Council for Teacher
Education with statutory status and necessary resources as a first step for overhauling the system of
teacher education. The National Council For Teacher Education, as a statutory body came into
existence in pursuance of National Council For Teacher Education Act, 1993 (No.73 of 1993) on
17th August, 1995. The Parliament enacted the National Council for Teacher Education
(Amendment) Act, 2011 to provide that the Act shall apply, inter-alia, to schools imparting preprimary, primary, upper primary, secondary or senior secondary education and to colleges
providing senior secondary or intermediate education and to teachers of such schools and colleges.
Similarly, the expression 'school' was defined in Section 2(ka) to mean any recognised school
imparting pre-primary, primary, upper primary, secondary or senior secondary education, or a
college imparting senior secondary education. Section 12A was inserted into the principal
legislation to empower the NCTE to determine the qualifications of persons to be recruited as
teachers in any pre-primary, primary, upper primary, secondary, senior secondary or intermediate
school or college, by whatever name called, established, run, aided or recognised by the Central
Government or by a State Government or a local or other authority.

14. By way of 8th Amendment 2002, made by the Parliament under Article 368, the rights of
education to provide free and comulsory education to all children at the age of 6 to 14 years has
been made as a fundamental right under Article 21(A) of the Constitution of India and to achieve
goal of Article 21(A), the Parliament has also made an Act known as Right of Children to Free and
Compulsory Education Act, 2009. Under Section 38 of the said Act, 2009, the State Government
has also framed the statutory Rules on 27.07.2011 in the name of Right of Children of Free and
Compulsory Education Rules, 2011.

15. Under the aforesaid provisions, the qualifications and prescription of norms for possessing
qualifications have also been provided for. Central Government has enforced the said Act and has
issued notification on 01.04.2010 authorising National Council for Teacher Education as the
academic authority for laying down qualifications.

16. On 23rd August, 2010, the NCTE prescribed the minimum qualifications for a person to be
eligible for appointment as a teacher for Classes I to VIII in a school referred to in Section 2(h) of
976 INDIAN LAW REPORTS ALLAHABAD SERIES
the Act 2009 with effect from the date of notification. This notification was amended by the
notification dated 29th July, 2011. As per the amended notification, the minimum qualifications
which have been prescribed for appointment of an Assistant Teacher for teaching students from
Classes I to V are now as follows:

"(i) Classes I-V.

(a) Senior Secondary (or its equivalent) with at least 45% marks and 2 year Diploma in
Elementary Education (by whatever name known), in accordance with the NCTE (Recognition
Norms and Procedure) Regulations, 2002.

OR

Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor of
Elementary Education (B.EL.Ed.).

OR

Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in
Education (Special Education)

OR

Graduation and two year Diploma in Elementary Education (by whatever name known)

AND

(b) Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate
Government in accordance with the Guidelines framed by the NCTE for the purpose."

17. The service conditions of the Teachers appointed in the institution run and controlled by
the Basic Shiksha Parishad, U.P. Allahabad are governed under the provisions of Uttar Pradesh
Basic Education (Teachers) Service Rule, 1981. The Rule 8 of the Uttar Pradesh Basic Education
(Teachers) Service Rules, 1981 prescribes the essential qualifications of candidates for appointment
of the Assistant Teachers in Junior Basic Schools (i.e. for class I to V) which is quoted herein as
below:

Post
Academic Qualifications
(ii) Assistant Master and Assistant Mistresses of
Junior Basic Schools.
Bachelor degree from a University established
by law in India or a degree recognised by the
Government equivalent thereto together with any
other
training
course
recognised
by
the
4 All. Uttar Pradesh Basic Shiksha Parishad. Vs Sakshi Shukla & Ors.

977
Government as equivalent thereto together with
the training qualification consisting of a Basic
Teacher's Certificate (B.T.C.), two year BTC
(Urdu), Vishisht BTC and teacher eligibility test
passed conducted by the Government of Uttar
Pradesh or by the Government of India.

18. Rule 8 of the Uttar Pradsh Basic Education (Teachers) Service Rules, 1981 have been
amended on 4th December, 2012 by 16th amendment and minimum qualification for appointment
of teacher in Junior Basic Schools (i.e. for Class I to V) which is quoted herein as below:

Post
Academic Qualifications
(ii) Assistant Master and Assistant Mistresses of
Junior Basic Schools.
Bachelor degree from a University established by
law in India or a degree recognised by the
Government equivalent thereto together with any
other
training
course
recognised
by
the
Government as equivalent thereto together with
the training qualification consisting of a Basic
Teacher's Certificate (B.T.C.), two year BTC
(Urdu), Vishisht BTC and teacher eligibility test
passed conducted by the Government of Uttar
Pradesh or by the Government of India
(b) a Trainee Teacher who has completed
successfully
six
months
special
training
programme in elementary education recognised
by NCTE
(iii) Trainee Teacher
Iii- Bachelor degree from a Unversity established
by law in India or a degree recognised by the
Government equivalent thereto together with
B.Ed/B.Ed (Special Education)/D.Ed (Special
Education) qualification and passed the teacher
eligibility test conducted by the Government of
Uttar Pradesh or by the Government of India
However,
in
case
of
B.Ed
(Special
Education)/D.Ed (Special Education) a course
recognised by Rehabilitation Council of India
(RCI) only shall be considered.

19. Earlier N.T.T. course was not at all being run in private colleges and thereafter, said
courses were permitted to be run in private colleges also and at the said point of time, recognition
978 INDIAN LAW REPORTS ALLAHABAD SERIES
in question of said institutions were governed by Appendix IV of Regulation 2002 known as
"Norms and Standard for Nursery Teacher Education Programme (Form of Application for
Recognition, the Time Limit of Submission of Application, Determination of Norms and Standard
for Recognition of Teachers Education Programme and Permission to Start the New
Training/Court) Regulation, 2002". Dau Dayal Mahila P.G. College Firozabad has been accorded
recognition on 13th April, 2004 as per Appendix IV of Regulation 2002. Regulation 2002 has been
notified on 13th November, 2002 and same has been published in the Gazette of India
(Extraordinary) Part III Section 4 as No.248 on November 18, 2002. N.T.T. course is meant for
children in the age of Group IV to VI followed by first two years in the formal school i.e. of
children in the age group of VI to VIII as mentioned in Appendix IV of Regulation 2002. N.T.T.
course is not recognized under Apendix I or Appendix II of N.C.T.E. Recognition (Norms and
Procedure) Regulation 2009 as Appendix I of Regulation 2009 is only meant for early childhood
education programme leading to diploma and early childhood education. Appendix II of Regulation
2009 is meant for diploma in elementary teacher education programme leading to Diploma in
Elementary Education (D.L.Ed.). Elementary Teacher Education Programme aims at preparing
teachers for the elementary stage of education i.e. Class I to VI/VIII.

20. In Recognition (Norms and Procedure) Regulation 2009, under Appendix-I has subsumed
Pre-School Teacher Education Programme (P.T.T.) and Nursery Teacher Training Programme
(N.T.T.) both i.e. appendix-3 and 4 of Recognition (Norms and Procedure) Regulation 2002 and
thereby changed the nomenclature of Diploma in Early Childhood Education (D.E.C.Ed.) as
appendix-1.

21. National Council for Teacher Education has issued another notification dated 12th
November, 2014. Notification dated 12th November, 2014 provides for as follows:-

"NATIONAL COUNCIL FOR TEACHER EDUCATION

NOTIFICATION

New Delhi, the 12th November, 2014

F.No.-62-1/2012/NCTE(N&S)- In exercise of the powers conferred under Clause (dd) of Subsection (2) of Section 32 read with Section 12A of the National Council for Teacher Education Act,
1993(73 of 1993) and in supersession of the National Council for Teacher Education
(Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations,
2001 except as respects things done or omitted to be done before such supersession, the Council
hereby makes the following regulations, namely-

1. Short Title and Commencement-

(1) These Regulations may be called the National Council for Teacher Education (Determination
and Minimum Qualifications for Persons to be recruited as Education Teachers and Physical
4 All. Uttar Pradesh Basic Shiksha Parishad. Vs Sakshi Shukla & Ors.

979
Education Teachers in Pre-primary, Primary, Upper Primary, Secondary, Senior Secondary or
Intermediate Schools or Colleges) Regulations, 2014.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Applicability-

These Regulations shall be applicable for recruitment of teachers and Physical Education Teachers
in any recognised school imparting Pre-primary, Primary, Upper Primary, Sceondary or Senior
Secondary or Intermediate Schools or Colleges imparting senior secondary education:-

Explanation:- For the purpose of this regulation, the term "School" includes-

(I) A school established, owned and controlled by the Central Government, or the State
Government or a local authority.

(ii) A school receiving aid or grants to meet whole or par of its expenses from the Central
Government or the State Government or a Local Authority;

(iii) A school not receiving any aid or grants to meet whole or part of its expenses from the Central
Government or the State Government or a Local Authority.

4. Qualifications for Recruitment-

(a) The qualification for recruitment of teachers in any recognized school imparting Pre-primary,
Primary, Upper Primary, Secondary, Senior Secondary or Intermediate Schools or Colleges
imparting senior secondary education shall be as given in the First and Second Schedule(s) annexed
to these Regulations.

(b) For promotion of teachers the relevant minimum qualifications as specified in the First and
Second Schedule(s) are applicable for consideration from one level to the next level.

5. Power to relax

Where the Council is satisfied on receipt of reference from the concerned State Government that
special circumstances exist warranting relaxation of some of the provisions of the Regulations, it
may grant relaxation of that provision to such extent, for such time period and subject to such
conditions and limitations as it may consider necessary, in a just and equitable manner;

Provided, that no relaxation, shall be granted under these Regulations with regard to the minimum
qualification for appointment of teachers for Level 3 (Class I to VIII) as specified in the First
Schedule.
980 INDIAN LAW REPORTS ALLAHABAD SERIES
6. Interpretation

If any question arises relating to interpretation of these Regulations or equivalence of various
teacher's training programmes, the Council shall decide same.

First Schedule

(See Sub-regulation (2) of Regulation (4)

The National Council for Teacher Education (Determination of Minimum Qualification for persons
to be recruited as Education Teachers in Pre-primary, Primary, Upper Primary, Secondary, Senior
Secondary or Intermediate Schools or Colleges) Regulations, 2014.

Level
Minimum Academic And Professional
Qualifications
1 Pre-School/Nursery (For children in the age
group of 4-6 years)
a.(i) Senior Secondary (Class XII or its
equivalent from recognised board with at least
50% marks
OR
(ii) Senior Secondary (Class XII or its
equivalent) from recognised boad with at at least
45% marks in accordance with the National
Council for Teacher Education (Form of
application for recognition, the time limit of
submission of application, determination of
norms and standards for recognition of teacher
education programmes and permission to start
new course or training) Regulations, 2002
notified on 13.11.2002.
And;
b. Diploma in Nursery Teacher Education/PreSchool Education/Early Childhood Education
Programme (D.E.C.Ed.) of duration of not less
than two years or B.Ed. (Nursery) from National
Council for Teacher Education recognised
institution.
2 Pre-School/Nursery followed by first two years
in a formal school
3. Primary and Upper Primary (For Classes I to
VIII)
Minimum qualifications as laid down by National
Council
for
Teacher
Education
vide
its
notification dated 23.08.2010 as amended from
4 All. Uttar Pradesh Basic Shiksha Parishad. Vs Sakshi Shukla & Ors.