Gauhati High Court Mandates B.Ed. Qualification for Vice-Principal Recruitment: “NCTE Guidelines for Teaching Posts Automatically Apply as Vice-Principal is a Teaching Role”
Court’s Decision:
The Gauhati High Court held that the omission of the B.Ed./B.T. qualification for recruitment to the post of Vice-Principal under Rule 13 of the Assam Secondary Education (Provincialized Schools) Service Rules, 2018, violates the mandatory qualifications prescribed by the National Council for Teacher Education (NCTE). The court emphasized that the Vice-Principal is a teaching post, and NCTE guidelines must be strictly adhered to for both teaching and promotional positions.
Facts:
The Assam Secondary Education (Provincialized) Service Rules, 2003, initially regulated recruitment qualifications for teaching positions, including the Vice-Principal, but did not mandate a B.Ed./B.T. qualification for the post of Vice-Principal.
In 2012, amendments to the 2003 Rules mandated B.Ed./B.T. qualifications for Graduate and Post-Graduate Teachers but not for Vice-Principals.
The Assam Secondary Education (Provincialized Schools) Service Rules, 2018, repealed the 2003 Rules and retained the omission of the B.Ed. qualification for Vice-Principals. The petitioners challenged this omission, arguing that it contravened NCTE guidelines.
The State justified the omission as necessary to allow promotion of teachers recruited prior to 2012, who did not possess B.Ed. qualifications.
Issues:
Whether the omission of the B.Ed. qualification for Vice-Principal recruitment under the 2018 Rules contravenes the mandatory requirements prescribed by the NCTE.
Whether the State’s justification for the omission—to promote teachers recruited before 2012—holds merit in light of the NCTE’s mandatory standards.
Court’s Reasoning:
The court emphasized that the Vice-Principal is a teaching post under Rule 2(z) and Rule 3 of the 2018 Rules. As a result, NCTE guidelines mandating the B.Ed./B.T. qualification for teaching roles automatically apply to the post.
The omission of the B.Ed. requirement was deemed arbitrary and violative of the NCTE’s statutory prescriptions.
The court noted that while administrative considerations, such as accommodating pre-2012 teachers, may justify transitional measures, they cannot override mandatory statutory requirements.
The State failed to establish any classification or distinction that could justify exempting pre-2012 teachers from the B.Ed. requirement for Vice-Principals.
Conclusion:
The court struck down the omission of the B.Ed./B.T. qualification for Vice-Principal recruitment under Rule 13 of the 2018 Rules. It directed the State to amend the rules to include the B.Ed. requirement, ensuring compliance with NCTE guidelines.
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