The Supreme Court of India.
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The Supreme Court has held that the central government's decision to include B Ed as a qualification for primary school teachers is "arbitrary" and "unreasonable". The court also declared that the decision had no congruity with the Right to Education Act, meant to provide children not only free and compulsory but also ‘quality’ education.
"B Ed is not a qualification for teaching at primary level of classes, much less a better or higher qualification, in context of primary classes. This finding is self-evident in the very admission of the NCTE which mandates that all B Ed qualified teachers who are appointed to teach primary level classes must mandatorily undergo a pedagogical course for elementary classes within two years of their appointment," a bench of Justices Aniruddha Bose and Sudhanshu Dhulia said.
The top court then quashed the National Council for Teacher Education (NCTE) notification issued on June 28, 2018 to include B Ed as qualification for teachers for primary education.
The NCTE is a statutory body with the mandate to achieve planned and coordinated development of teacher education and govern and maintain its norms.
Acting on clutch of writ petitions and appeals against the Rajasthan High Court's order, the bench said by including B Ed as a qualification for teachers for primary school education, the central government has acted against the provisions of the Constitution and extant laws.
The bench said the pedagogical skills of a teacher must be given a very high priority.
"But our priority seems to be different. It is not to impart ‘quality’ education, but to provide more job avenues to B Ed trained candidates, as this seems to be the only reason for their inclusion, in presence of overwhelming evidence that B Ed course is not a suitable course for primary classes," the bench said.
The bench pointed out the only logic given by the central government is that it is a ‘higher qualification’.
Even if presumed that it is a policy decision, this is not correct, the bench said.
"In fact, it goes against the letter and spirit of the fundamental right enshrined in the Constitution under Article 21A. It is against the specific mandate of the Act, which calls for a free, compulsory and meaningful primary education to children," the bench added.
The court further held that the direction of the central government dated May 30, 2018 culminating in the notification of June 28, 2018 of NCTE is also procedurally flawed.
The decision should have been taken after proper study by the academic body i.e. NCTE, it said.
The bench also pointed out the inclusion of B Ed candidates for primary classes is in the teeth of several decisions of this court, which has consistently held that Diploma in Elementary Education (D El Ed) and not B Ed, is the proper qualification in primary schools.