Supreme Court Directs Reinstatement of Teacher’s Appointment Citing Homogeneous Group Discrimination. Relief Granted in Light of NCTE Notification and Previous Court Rulings, Discrimination Among 2009-2010 B.Ed Students Rectified.

Case Note & Summary

The Supreme Court overturned the Rajasthan High Court's judgment that dismissed an appellant's claim for appointment as Teacher Grade III. The appeal was allowed based on the appellant's eligibility for the post, given his admission into the B.Ed. program before the cut-off date for requiring 50% in graduation. The Court relied on a previous decision in Ankul Singhal and granted regular appointment to the appellant, treating his appointment under the interim order as valid.

Background:The appellant had applied for the post of Teacher Grade III under a 2017 advertisement by the Rajasthan Panchayati Raj authorities. However, his application was rejected for securing less than 45% in graduation. He had 44.58% marks and had been admitted to the B.Ed. course on 23.10.2009. The issue was whether his admission before 31.08.2009 made him eligible despite not meeting the 45% requirement.

Key Legal Question:The appellant's rejection was based on NCTE regulations requiring 45% marks in graduation for candidates admitted to B.Ed. after 31.08.2009. The appellant contended that he should be covered under the exemption given for students who joined before that date.

Court's Analysis:The Supreme Court relied on its ruling in Neeraj Kumar Rai and the judgment in Ankul Singhal to hold that students admitted in the 2009-2010 academic session should not face discrimination based on when they were admitted (in first or second counseling rounds) as long as their admission was before the relevant cut-off.

Relief Granted:The appellant’s appointment under the interim order was regularized. However, no back wages were granted except for the period worked. The appellant was to receive appropriate fitment of pay.

The Court found that the appellant, admitted into B.Ed. in 2009, was eligible despite having less than 45% in graduation. The NCTE's 2019 clarification and the judgments in Neeraj Kumar Rai and Ankul Singhal were crucial in establishing that students admitted before 31.08.2009 could not be subjected to the new minimum percentage criteria. The Court emphasized equal treatment for students admitted in the same academic session.

Subject: Education, Employment Law, Teacher Recruitment, Teacher Grade III, B.Ed. Qualification, NCTE, Supreme Court Judgment, Rajasthan Education, Equal Treatment, Academic Session 2009-2010