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Supreme Court of India 2023-08-11 dismissed

DEVESH SHARMA vs UNION OF INDIA AND ORS

Bench: 2 — Aniruddha Bose, Sudhanshu Dhulia

In Brief

The Supreme Court upheld the Rajasthan High Court's decision quashing a 2018 NCTE notification that included B.Ed. (Bachelor of Education) as a qualification for primary school teachers (classes I–V). The Court held that B.Ed. training is unsuitable for primary level teaching because it lacks the specific pedagogical skills required at that level. The proper qualification is Diploma in Elementary Education (D.El.Ed.). The Court rejected the argument that B.Ed. is a "higher qualification," finding that while policy decisions are ordinarily protected from judicial review, this decision was arbitrary and contrary to the Right to Education Act's mandate for quality education. The Court emphasized that compromising on teacher qualifications compromises education quality, which violates Article 21A of the Constitution guaranteeing meaningful elementary education.

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Education Law Teacher Qualification Right to Education Constitutional Law Educational Standards Judicial Review Administrative Law Government Policy Statutory Interpretation

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