SC stays teacher recruitment due to lack of qualifications under RTE, NCTE, and UGC Acts...
There is a major update regarding teacher recruitment. The Supreme Court has issued an interim order while hearing a petition. In this order, the Court has prohibited the appointment of teachers in schools and colleges who do not possess the qualifications prescribed under the Right to Education (RTE) Act, the National Council for Teacher Education (NCTE) Act, and the University Grants Commission (UGC) Act. A bench led by Justice Surya Kant issued this order.
Let us understand the details of the order issued by Justice Surya Kant's bench and the petition that prompted it.
What order did Justice Surya Kant's bench issue?
While hearing the petition, Justice Surya Kant's bench issued an interim order stating that no teacher shall be appointed or engaged in schools and colleges unless they possess the requisite qualifications mandated by the Right to Education (RTE) Act, the NCTE Act, or the UGC Act.
What did the petition entail?
The Supreme Court issued this order while issuing notice on a Public Interest Litigation (PIL) filed by Rajesh Chauhan. The petition sought to declare unconstitutional any legal scheme that allows teachers and staff from private or temporary educational institutions to be inducted directly into government service without undergoing a fair, transparent, and competitive recruitment process.
Jobs of such teachers at risk
This Supreme Court order comes as a setback for teachers who lack the qualifications prescribed under the NCTE or UGC Acts. Specifically, the Court has banned the appointment of unqualified teachers in schools and colleges. The Supreme Court has also issued notices to the Centre, the States, and the UGC regarding the PIL filed in this matter.
The petition sought to declare unconstitutional any legal scheme that permits teachers and staff from private or temporary educational institutions to be inducted directly into government service without a fair, transparent, and competitive recruitment process.
What are the qualifications for teacher recruitment under the RTE and NCTE? Candidate qualifications for teacher recruitment in schools are determined under the RTE and NCTE Acts. Let us examine the specific qualification requirements for teacher recruitment under these Acts.
RTE: Under Section 23 of the Right to Education (RTE) Act, 2009, the NCTE has prescribed minimum qualifications for teacher recruitment. To teach students from Classes 1 to 8, candidates are required to possess a D.El.Ed. or B.Ed. qualification and must also pass the Teacher Eligibility Test (TET).
NCTE: The NCTE determines the qualifications for teacher recruitment across the country. To become a teacher for Classes 1 to 5, candidates must have secured 50% marks in Class 12 and completed a D.El.Ed. or B.El.Ed. program; subsequently, passing the Teacher Eligibility Test is mandatory.
For teaching Classes 6 to 10, candidates must complete a B.Ed. program after graduation and pass the Teacher Eligibility Test. Similarly, to become a teacher for Classes 11 and 12, a postgraduate degree and a B.Ed. qualification are required. Only after fulfilling these criteria are candidates considered eligible to participate in the teacher recruitment process.
UGC Act: Just as the NCTE determines eligibility for school teachers, the University Grants Commission (UGC) determines the eligibility of candidates to become teachers in colleges and universities. There is a specific UGC Act governing this matter.
According to the Act, to become an Assistant Professor in colleges and universities, it is mandatory to hold a Master's degree in the relevant subject with at least 55% marks and to have qualified in the UGC NET or SLET/SET examination. However, candidates holding a Ph.D. are exempted from the NET requirement.
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