August 2023 Order For B.Ed. As Qualification To Teach At Primary Schools Is Prospective: Supreme Court
The Supreme Court hearing an application for clarification filed by the State of Madhya Pradesh, clarified that its earlier judgement of August 2023 shall have a prospective effect and not retrospective. It clarified that teachers in whose case the notice of advertisement specified B.Ed. as qualification, shall not be disturbed from continuing their services.
The court said, “We hold that the judgment delivered by this Bench on 11.08.2023 shall be prospective in operation but only those candidates who were appointed without any disqualification imposed by any Court of law and were in regular appointment…where notice of advertisement specified B.Ed. as a qualification, their services shall not be disturbed because of this judgment”.
The two judges bench of Justice Aniruddha Bose and Sudhanshu Dhulia opined the application hearing as the review petition of its 2023 judgment. Justice Bose ordered that as the employment of teachers before the 2023 judgment was following the qualification prescribed by the appointing authority, then the judgment should not affect those who were appointed under the earlier requirements. The court also clarified over the outreach of the decision by saying that the order shall apply to the entire country and not just the State of Madhya Pradesh.
The highest court passed its earlier judgment in concordance with the decision of the Rajasthan High Court and held that children below 14 years of age have the right to free and compulsory education along with quality education. The court also observed that B.Ed degree holders did not pass the basic pedagogical threshold which is required for teaching primary classes and hinders the quality of education. However, it maintained that the B.Ed degree will not be considered a sufficient qualification from 2023.
In its previous hearing, the Supreme Court also requested information from the Union of India regarding any bridge courses for teachers holding a Bachelor of Education (B.Ed.) degree hired before the Court”s 2023 ruling to enable them to prepare for D.El.Ed. (Diploma in Elementary Education) candidates. The Court had also asked about the number of vacancies for primary teachers in the country for the years 2023-2024 and 2024-2025, which remained to be advertised.
Sr Adv Gopal Sankaranarayanan informed the Court that the Union had admitted to the non-availability of bridge courses or any vacancies.
Responding to the query of bridge courses Sr Adv Kapil Sibal, who appeared for D.El.Ed candidates urged that if B.Ed. degree holders are given benefits, eligible D.El.Ed candidates would be deprived of opportunity.
On the remark of being ‘saved,’ SG Tushar Mehta implored the court to say in its order that all those appointed before the 2023 judgment were saved, However, Sankaranarayanan objected saying that would defeat the purpose of the judgment and rendered going to the High Court pointless.
To do away with any confusion regarding the order, Dhulia J summarized before parting, “you will be saved if, when you are selected and subsequently you are appointed, B.Ed. was one of the qualifications…second, if there is no such thing as “subject to this order, subject to that order”…”.
