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Bilaspur/Raipur, 28 September (HS). The High Court has declared the rule made by the state government for promotion to the post of lecturer as unconstitutional. The court said that reducing the quality of teachers is a decline in education. With this, the court has accepted the petition and declared teachers holding B.Ed degree eligible to get promotion to the post of lecturer. In a decision given on Friday evening, the court has asked to exclude other candidates with lower qualifications from the promotion list. The court has said during the hearing that reducing the quality of teachers is a decline in education. The hearing of the case took place in the double bench of Chief Justice Ramesh Sinha and Justice Ravindra Aggarwal.
Petitioners Shravan Kumar Pradhan, Sanjay Kumar and others were appointed to the post of education workers in the Panchayat. In the year 2018, the state government merged those who had completed 8 years of service and posted them on the post of teacher LB in the education department. The state government made a rule to provide promotion to teacher LB to the post of lecturer. It was said that 50 percent posts of lecturer will be filled by direct recruitment and 50 percent posts will be filled by promotion on the basis of experience. A petition was filed against this. It was said in the petition that the petitioner, being a B.Ed degree holder, fulfills all the qualifications of a lecturer.
After the hearing, the High Court said in its order that the minimum qualification for recruitment to the post of teacher has been decided by the National Council for Teacher Education (B.Ed. NCTE). The State Government cannot reduce the said requirement. B.Ed qualification for promotion to the post of lecturer. This is inconsistent with the 2014 regulations made under NCTE. The essential qualification for high/higher secondary schools is B.Ed teachers and D.Ed, D.El.Ed teachers for primary schools. The required qualification for the post of lecturer is B.Ed. To maintain quality in primary education, it is necessary to have quality teachers. In view of the above discussions, the impugned provisions, Column 3 of Schedule No. 14 enacted under Rules, 14 and 15 of Chhattisgarh School Education Service (Academic and Administrative Cadre) Recruitment and Promotion Rules, 2019, are declared unconstitutional and ultra vires.
Thus it is considered that the candidates who have B.Ed degree are eligible for promotion to the post of Lecturer. Post of Teacher/Principal, Primary School (Trained Post Graduate) As per Regulations 2014 made by NCTE, those who do not have B.Ed degree are not eligible for promotion to the post of Lecturer. The qualification of B.Ed degree is an essential qualification of a lecturer, who mainly imparts education in high schools and higher. The qualification of the lecturer cannot be diminished. Inclusion of D.Ed or trained reducing the qualification of teachers for the post of lecturer is a decline in the quality of education at higher level.
