CHANDRASHEKARIAH C.N Vs. STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) The petitioner-Mr. Chandrashekariah C.N, has challenged the legality of the endorsement dated 1-7-2014, issued by the Director of Public Instructions-respondent 3, whereby the respondent 3 has declined to approve the appointment of the petitioner for Grant-in-Aid, and has returned the proposal to respondent 7-Nehru Vidya Shala High School.

(2.) The brief facts of the case are that respondent 6-Sri Adichunchanagiri Shikshana Trust, had established the Nehru Vidya Shala High School, at Seegehalli, in Tumkur District. The said school was recognised and aided by the Government of Karnataka. By notification dated 2-2-2013, certain vacancies were advertised for the post of Assistant Teachers. The said vacancies were reserved for members of Scheduled Castes and Scheduled Tribes. Since the petitioner was eligible for the same, he applied for the said post. By order dated 12-4-2012, the petitioner was appointed. Subsequently, the approval of the petitioner's appointment, and the appointment of other candidates, were submitted by the Trust to the Block Education Officer-respondent 5. After conducting the inspection, the respondent 5 submitted his recommendation with regard to the petitioner to the Deputy Director of Public Instructions-respondent 4. Consequently, the Screening Committee was constituted, which considered the recommendation for approval of the appointment of the petitioner. Even the said Screening Committee recommended the case of the petitioner for approval. However, the recommendation of the Committee was placed before respondent 3. The respondent 3-the Director of Public Instructions, by the impugned endorsement dated 1-7-2014, has rejected the proposal ostensibly on the ground that the petitioner had secured a Degree in B.A. (Special Education) from Madhya Pradesh Bhoj (Open) University, Bhopal. According to respondent 3, the said qualification could not be considered for appointment of a General Teacher. Hence, the present petition before this Court.

(3.) Mr. M.P. Srikanth, the learned Counsel for the petitioner, submits that Sec. 23 of the Right of Children to Free and Compulsory Education Act, 2009 ('the Act' for short), dearly states that any person who possess such minimum qualification as laid down by an Academic Authority authorised by the Central Government by notification, shall be eligible for appointment as a Teacher. Secondly, according to the notification dated 31st March, 2010, the Central Government has constituted the National Council for Teacher Education ('NCTE' for short) as the Academic Authority to lay down the minimum qualifications for a person to be eligible for appointment as a Teacher.