State Rules Violate NCTE Regulation: MP High Court Strikes Down 2nd Division In Masters Degree Criteria For Selecting High School Teachers

The Madhya Pradesh High Court has struck down the eligibility criteria for selecting High School Teachers in the Education Department which required a second division in Masters Degree, finding it "ultra vires", "manifestly arbitrary" and contrary to the National Council for Teacher Education (NCTE) Regulations.In doing so that the court underscored that the NCTE's regulations would have primacy over the State rules, finding that the NCTE has laid down specific percentage of marks, which has not been followed by the State Government "without showing any reason". It also observed that requirement of division was leading to ambiguities and arbitrariness in the selection process, because different universities are treating different divisions differently. It said that the position would have been different if there was uniformity in all universities in awarding Second or Third division marks at the same percentage basis. However that was not the case as there were instances were candidates having 46% marks in PG Degree were selected and those having 49% marks in PG Degree were disqualified.Universities have set own divisions for determining eligibility in absence of regulatory bodyThe division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain observed, “There is no regulatory body in the State or at national level which monitors the difficulty level of course curricular and/or examinations of different Universities and comes out with an equivalence chart or equivalence level for different examinations of different universities and decides that how much percentage of marks of which university is equivalent to how much percentage of marks of another University. Unless this exercise is undertaken and it is conclusively established by any regulatory body established for that purpose which determines that particular marks of a particular University are equivalent to particular marks of some other particular University, the prescription of Division/Class in place of percentage is manifest arbitrary subordinate legislation…Nothing has been placed before us that any exercise of carrying out the evaluation of comparative difficulty level of curriculum and examination has taken place either at Central or State level on basis of which different Universities have arrived at their own different divisions/classes for determining Second or Third division marks. Unless such an exercise had been undertaken by either the University concerned or by any academic regulatory body in the State or at national level, then the subordinate legislation in question, could have been saved from vice of manifest arbitrariness. Unfortunately, that is not so and therefore, we have no option but to hold that the requirement of class/division in place of specific percentage of marks suffers from manifest arbitrariness. It deserves to be and thereby declared arbitrary and liable to be struck down.”BackgroundAs per the factual matrix of the case, the petitioners are aspirants for appointment to the post of High School Teacher in the state's School Education Department and had challenged Column No. 5 to Entry-1 to Schedule III of M.P. State School Education Service (Educational Branch) Service Conditions and Recruitment Rules, 2018 on the ground that Column No.5 captioned as “educational qualification” is ambiguous and contrary to NCTE Regulations.Column 5 of Entry 1 of Schedule III which provides requisite minimum qualification for High School Teacher states, “Masters Degree in the relevant subject with Second division and Bachelor of Education (B.Ed.) or its equivalent.”The petitioners submitted that the aforesaid requirement of “Second Division” in Masters degree in the eligibility criteria was ambiguous and non-specific. Further, it was contended that there is no uniformity amongst various universities in India and in the State of Madhya Pradesh as Different universities treat Second Division differently. Some universities treat Second division on basis of marks 45% and above whereas some universities treat Second division as marks 50% and above.The petitioners submitted that the NCTE Regulations do not provide for any ambiguous term like 'Second Class or Second Division'. It instead provides for specific percentage of marks so as to ensure uniformity in the selection process.Further as per Rule 4A of the The M.P. Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Rules 1998, relaxation has been granted to candidates of SC/ST category to get 10% relaxation in minimum qualifying marks but their selection shall be made on the basis of merit of selection list of SC/ST candidates. However, the said Rule has not been engrafted in the Schedule III of Rules of 2018.On the contrary, the Counsel for State contended that the State is not bound to maintain uniformity in the matter of service rules for appointment of teachers at par with NCTE regulations because the State has power to determine...

State Rules Violate NCTE Regulation: MP High Court Strikes Down 2nd Division In Masters Degree Criteria For Selecting High School Teachers

Anukriti Mishra

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