- (1.) The writ petitioners seek a direction upon the concerned authorities to sanction posts and appoint teachers of physical education having requisite qualification in terms of National Council for Teacher Education Regulation, 2001 for the first to the fifth classes of a school. The first writ petitioner is a registered society. The Second writ petitioner is its secretary. According to the writ petitioners, the NCTE Regulation, 2001 prescribes the qualification for recruitment of teachers of physical education in educational institutions. A teacher is required to be Senior Secondary School Certificate or Intermediate or its equivalent and must hold a certificate in physical education of a duration not less than two years or its equivalent. Referring to the NCTE notification dated July 29, 2011 it is submitted that, in respect of the teacher of physical education the minimum qualification norms for physical education teachers referred to in NCTE notification dated September 3, 2001 would apply. One of the members of the first writ petitioner had made an application under the Right to Information Act, 2005 dated July 23, 2014.
(2.) One of the queries in such application was whether a two-years B. Ed. passed primary school teacher could teach the subject of physical education in primary school as per the rules and regulations. The NCTE has answered such query on September 11, 2014 in the negative. Referring to Basic Education Board, U.P. v. Upendra Rai & Ors, 2008 3 SCC 432 it is submitted that, the ratio laid down therein is no longer good law in view of the provisions of the National Council for Teacher Education (Amendment) Act, 2011. Relying on Section 29(2)(d) of the Right of Children to Free and Compulsory Education Act, 2009 (RTE) it is submitted that, development of physical abilities being one of the essential items required to be taken into consideration by the academic authority in laying down the curriculum and evaluation procedure for elementary education, it is incumbent on the State authorities to have a duly qualified physical instructor at the first to fifth classes level be it as a permanent teacher or on part time basis. The State authorities should therefore be directed to take appropriate steps to achieve the goals set out by the NCTE. Mr. Ayan Banerjee, learned Advocate on behalf of the State authorities submits that, Section 19 of the RTE Act, 2009 lays down the norms and standard for recognisation of a school. Section 25 of the RTE Act, 2009 prescribes the pupil-teacher ratio. The schedule to the RTE Act, 2009 lays down the norms and standards for a school. So far as the first to fifth classes are concerned, the schedule requires a pupil-teacher ratio as prescribed. The writ petitioners have not demonstrated any recognized school which does not have the prescribed pupil-teacher ratio. The schedule to the RTE Act, 2009 does not require a separate teacher for physical education for the first to fifth classes. Consequently the writ petitioners are not entitled to the reliefs as sought for. Is it mandatory to have a teacher duly qualified in physical education for the first to the fifth classes is the issue falling for consideration in the present writ petition.
(3.) In exercise of powers under the NCTE Act, 1973 the NCTE has issued a notification dated September 3, 2001 framing National Council for Teacher Education (Determination of Minimum Qualifications for Recruitment of Teacher in Schools) Regulation, 2001. Exercising powers under the Right of Children to Free and Compulsory Education Act, 2009 NCTE has laid down the minimum qualification for a person to be eligible for appointment as a teacher by a notification dated July 29, 2011. It says that the minimum qualification norms of physical education teachers laid down in the NCTE Regulations, 2001 would apply till such time NCTE lays down the minimum qualifications in respect of such teachers. NCTE Regulations, 2001 specifies that, such regulations would apply for recruitment of teachers in all formal schools established, run and aided or recognized for imparting education at elementary, secondary and senior secondary stages. It notes that the notification dated July 29, 2011 of NCTE applies for recruitment of such teachers. However, the NCTE Regulations, 2001 and the notification of 2011 does not say that it is mandatory for a school to have a teacher having requisite qualification in physical education as laid down therein from the date of issuance of the notifications or the coming into effect of the regulation. Section 19 of the RTE Act, 2009 lays down the norms and standards for a school established or recognized under Section 18 of the RTE Act, 2009. Sub-section (2) of Section 19 requires a school which does not fulfil the norms and standards specified in the schedule and established before the commencement of the RTE Act, 2009 to take steps to fulfil such norms and standards at its own expenses within three years from the date of commencement of the RTE Act, 2009. Sub-sections (3), (4) and (5) of Section 19 of the RTE Act, 2009 provide for the eventualities of noncompliance. Section 25 of the RTE Act, 2009 states that the pupil-teacher ratio should be as prescribed in the schedule.;