- Case
- KOUSIK DAS v. THE STATE OF WEST BENGAL (Supreme Court of India, 04-04-2025)
- Law
- National Council for Teacher Education Act, Right of Children to Free and Compulsory Education Act.
Right of Children to Free and Compulsory Education Act, 2009: The judgment discusses Section 23 of the RTE Act, which pertains to the qualifications for appointment and terms and conditions of service of teachers. Sub-section (1) of Section 23 is specifically mentioned, stating that any person possessing the minimum qualifications laid down by an academic authority authorized by the Central Government is eligible for appointment as a teacher. The judgment also refers to the amendment to the RTE Act (Act No. 24 of 2017), adding a second proviso to sub-section (2) of Section 23, requiring teachers appointed before 31st March 2015 to acquire minimum qualifications within 4 years from the commencement of the 2017 Amendment Act. The judgment also notes that notifications dated 23rd August 2010 and 29th July 2011 specifically refer to powers conferred under sub-section (1) of Section 23 of the RTE Act.
NCTE (Recognition, Norms and Procedure) Regulations, 2014: The judgment refers to the NCTE Regulations of 2014, noting that the NCTE prescribed these regulations in supersession of previous regulations. Clause 9 of the 2014 NCTE Regulations, which provides the "Norms and Standards" for teacher education programmes, is mentioned. Appendix 2, concerning the 2-year D. El. Ed. programme, and Appendix 9, concerning the D. El. Ed. through ODL System, are also referenced. The judgment also notes that the NCTE granted relaxation to certain provisions of the 2014 NCTE Regulations to ensure compliance with the Central Government's directions.
National Council for Teacher Education Act, 1993: The judgment mentions Section 29 of the NCTE Act, noting that the NCTE recognition order dated 22nd September 2017 refers only to the directives issued by MHRD under this section.
General Principles of Law: The judgment discusses the principle of interpreting statutes and regulations in light of their object and purpose. It emphasizes the importance of considering the context and the intention of the legislature/rule-making authority when interpreting legal provisions. The judgment also touches upon the principle of giving effect to beneficial schemes, particularly those aimed at improving the qualifications of teachers.
