VidhiSangh

Supreme Court of India · 11/08/2023

DEVESH SHARMA versus UNION OF INDIA AND ORS.

[2023] 11 S.C.R. 167 · 2023 INSC 704

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Summary

The Court quashed the NCTE notification of 28 June 2018 making B.Ed. holders eligible to teach classes I–V. B.Ed. training for higher classes was not an adequate substitute for elementary-teacher training. The change lacked independent expert assessment and conflicted with the statutory and constitutional commitment to meaningful, quality primary education. Calling it government policy did not immunise it from judicial review.

Issues

  1. Whether B.Ed. could validly be added as a qualification for primary-school teachers.
  2. Whether Central Government policy directions insulated the notification from judicial review.
  3. Whether Rajasthan could disregard the notification before its judicial invalidation.

Provisions considered

Held

Result

Appeals dismissed; Rajasthan High Court judgment upheld and the NCTE notification dated 28 June 2018 quashed. Writ petitions and pending applications disposed of accordingly.

Judgment PDF: Supreme Court of India, [2023] 11 S.C.R. 167.