Those with B.Ed were hired to teach children from classes 1 to 5 in primary schools.
2,897 teachers of Chhattisgarh were fired by the government after the order of the High Court. About 12 to 16 months had passed since his employment. Now all of them have been protesting for the last one month demanding adjustment i.e. job in exchange.
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Today in the first part, let us tell you what is the whole controversy, why did the teachers lose their jobs, why did the Supreme Court have to say that all this happened due to the negligence of the Centre? Why did the court say that this is against the Constitution? Know the whole truth in detail in this report…
These teachers have demanded water satyagraha, mass tonsure, withdrawal of names from the voter list and even euthanasia. A few days ago, a 5 kilometer Dandvat Yatra was also undertaken.
First of all know what is the whole matter
This whole issue of B.Ed teachers started after a guideline issued by NCTE (National Council of Teacher Education) in 2018. NCTE is the body of the Government of India, which sets the criteria for teachers to teach in a class. In the guidelines, NCTE has given B.D. They were considered eligible to teach in primary schools but the Supreme Court canceled it.
In the year 2018, NCTE B.Ed. Was declared qualified to teach classes 1 to 5.
Now read this comment of the Supreme Court given on August 11, 2023:
“B.Ed as a qualification for primary school teachers. By including (Bachelor of Education), the Central Government acted against the Constitution and law….It is also against RTE (Right to Education). “Under these circumstances, we have no hesitation in saying that it should be cancelled.”
The Supreme Court in its order termed the Centre’s decision as unconstitutional.
After this decision, all those who have completed B.Ed. after 2018 across the country. Those who were appointed as primary class teachers in government schools, everyone’s job was in danger. However, SC did not clear two things in its decision given on August 11.
- What will happen to the B.Ed. people who have been given jobs after the notification of NCTE?
- What will be done with the recruitment process that has been started before the decision?
Regarding the first point, a clarification petition was filed in the Supreme Court from Madhya Pradesh. It was decided that those who had been employed before August 11, their jobs should be allowed to continue. But there was no discussion on the second point in the court and its effect was that B.Ed. in Chhattisgarh. Teachers lost their jobs.
The case had reached the Supreme Court from Rajasthan High Court.
After the notification of NCTE, B.Ed. in many states. They were appointed as primary class teachers. Which included West Bengal, UP, Madhya Pradesh, Bihar. Meanwhile, in the year 2021, Rajasthan Government also released advertisement for Teacher Eligibility Test.
But in this advertisement B.Ed for teaching in primary school. Was not included in the criteria. This advertisement of Rajasthan Government was published by a B.Ed named Devesh Sharma. The degree holder challenged in the High Court. Three important things came to light during the hearing of the petition:
- NCTE has changed the eligibility criteria under pressure from MHRD (Ministry of Human Resource Development), now Ministry of Education. Whereas the Ministry has the right to give instructions only on policy making matter.
- NCTE has to present any change in its regulation before the Parliament, which did not happen in this case.
- The government has not taken into account the figures of other states. Rajasthan has adequate D.EI.Ed. There are candidates.
And thus the High Court rejected the guidelines of NCTE. From here this matter went to the Supreme Court.
Regarding the guidelines of NCTE, Rajasthan High Court said that the rules were not followed before issuing it.
Before moving ahead, understand why Rajasthan High Court termed the change in NCTE as pressure from MHRD….
D.EI.Ed. Candidates were not able to qualify TET, Center changed the rules
An official meeting of MHRD officials was held on March 9, 2018. In this meeting, it was told by Kendriya Vidyalaya (KVS) that by the year 2012, the B.ED. They were appointing them as primary class teachers. But after this, due to changes in the guidelines of NCTE, this is not happening.
Due to which they are not getting quality teachers. KVS argued that there are approximately seven and a half lakh posts of primary teachers across the country. Of these, D.EI.Ed. Only 50% seats are filled through candidates. The rest remain vacant because D.EI.Ed candidates are not able to pass the teacher eligibility test.
If this situation continues further, children’s education will be affected. After which it was decided that with special conditions KVS will offer B.Ed. Permission should be given to recruit the candidate. This issue came to the table of then MHRD Minister Prakash Javadekar.
Apart from Javadekar KVS, other schools also offer B.Ed. Were in favor of appointing the candidates as teachers in primary classes. On May 30, 2018, the Central Government sent a letter to NCTE instructing it to make changes in its guidelines. And 30 days later i.e. on June 29, NCTE changed its guidelines.
This letter was sent to NCTE by MHRD. In this, B.Ed. as soon as possible. There was talk of giving approval to teachers to teach in primary schools.
NCTE’s chief advocate did not arrive to advocate
Regarding the hearing held in the Supreme Court, we directly applied for B.Ed. Spoke to Devesh Sharma, who filed the petition on behalf of. Devesh told us that the lead advocate on behalf of NCTE was Solicitor General Tushar Mehta. But he did not attend any hearing. In his place, junior advocate Manisha T. Karia presented the side of NCTE.
Due to this the case became lighter. Apart from this, the court had several times asked for minutes of meetings from NCTE. Actually, before making any change in its guidelines, NCTE has to call a meeting of its committee. The committee people take a decision after discussing all the aspects in the meeting.
But NCTE could not present the minutes of this meeting before the court. After this, the Supreme Court also ordered NCTE to cancel the guidelines. This decision was given considering the decision of Rajasthan HC and the points given behind it as valid.
However, it is also worth noting that there is no mention anywhere in the Supreme Court’s decision that from 2010 to 2012 B.Ed. Candidates were also considered eligible to become teachers in primary class. Under this guide line, Kendriya Vidyalaya B.Ed. Was giving jobs to candidates.
On the contrary, it is written in the judgment order that till 2018, B.Ed. has never been included in the essential qualifications for teaching in primary classes.
NCTE chairperson said: We probably could not present our point in the court
We also talked to the current chairperson of NCTE, Professor Pankaj Arora on this entire issue. He said – NCTE prepares the guidelines keeping all the things in mind. Perhaps we might not have been able to present our point properly in the Supreme Court, that is why the decision came against us.
Professor Arora further said that now the decision of the Supreme Court has come. Now we are looking ahead. The bridge course will be prepared before April. So that the jobs of the teachers before 11th August 2024 can be saved.
D.EI.Ed.Candidates reached HC as soon as SC’s decision came.
On the other hand, when the entire matter was being heard in the Supreme Court, on May 4, 2023, the Chhattisgarh government issued a notification regarding the recruitment of teachers in primary schools. In this B.ED. Teachers were also invited for the exam. A month after the release of the notification, the exam was held on 10 June 2023 and the merit list was released on 2 July.
The Supreme Court’s decision came the very next month. After which the D.EI.Ed.candidate directly reached the High Court. The Supreme Court’s judgment had come, HC also ordered to cancel the counseling of B.ED.candidates. This decision was challenged by B.ED.Candidates in the Supreme Court.
B.Ed. people got only interim relief
Here, for the first time, the second point (what will be done with the recruitment process that has been started before the decision) was brought into focus before the Supreme Court. Hearing the entire matter, the Supreme Court ruled that in the midst of counselling, B.Ed. It is not right to exclude candidates. In such a situation, while giving them interim relief, the court kept the condition that the final decision in this matter will be taken by the High Court only.
The then Congress government finally distributed offer letters to B.ED.candidates in September 2023, a month after the assembly elections. In this offer letter, 13 points were written as terms and conditions. After all, the future of employment at the point was left to the final order of the High Court.
Supreme Court B.Ed. Candidates were given interim relief.
HC Court B.Ed. Decision given against the candidates
The High Court will give its final verdict in April 2024. This decision was taken in B.Ed. Given against the candidates. The High Court has cited the proceedings in the Supreme Court and Rajasthan HC on the factual background. After this again B.Ed. Candidates reached SC, but this time no relief from SC for B.Ed. Not given to the candidates.
In the next part, we will tell you the story after losing the job and what can happen further in this matter.