THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.A.No.1118 of 2011 ORDER: (Per the Hon’ble Sri Justice Nooty Ramamohana Rao) This Appeal has been preferred by the writ petitioners challenging the validity of the interlocutory order passed by the learned single Judge on 27-11-2011, dismissing the miscellaneous petitions moved in W.P.No.26065 of 2011. The petitioner appellants possess the qualification of M.A. (Education) from Andhra University, which is considered as equivalent to M.Ed. Degree. However, when the State Government proposed to conduct the Andhra Pradesh Teachers Eligibility Test ( A.P.T.E.T. - January 2012), the candidature of the writ petitioners was not considered on the ground that they did not possess either D.Ed, B.Ed, Language Pandit or any equivalent qualification. The claim of the petitioner appellants is that M.A. (Education) Post Graduate Degree awarded by the Andhra University was considered as equivalent to M.Ed Degree and the State Government through their orders contained in G.O.Ms.No.1353, Education (W) Department, dated 16-12-1981, G.O.Ms.No.75, Education (SE-TRG) Department, dated 09-06-2008 and G.O.Ms.No.66, Education (SER.II) Department, dated 04-07-2009, have treated the candidates possessing M.A. (Education) Degree awarded by the Andhra University as well as the Osmania University, at par with M.Ed. qualification for the purpose of appointment in all educational institutions. It is true that the State Government has passed orders through G.O.Ms.No.1353, Education (W) Department, dated 16-12-1981, directing that M.A. (Education) Degree awarded by the Andhra and Osmania Universities be recognized as equivalent to M.Ed. qualification for the purpose of appointment as Teachers. Similarly, the Government also passed orders through their G.O.Ms.No.75, Education (SE- TRG) Department, dated 09-06-2008, declaring that M.A. (Education) with Arts, Mathematics and Science, i.e., Physical and Biological Sciences methodologies offered by the Andhra University, is equivalent to B.Ed. in respective methodologies for recruitment / appointment of SGT / School Assistant posts in the Government / ZP / MPP Municipal Schools in the State. However, the State Government has added a rider there setting out that this declaration shall be limited to the students of 2007 – 08 batch only. The State Government has, further, advised the Andhra University that since, the M.A. (Education), course is not the same as approved by the National Council for Teacher Education (for short “NCTE”), it is not desirable for the University to continue the course and hence, suggested that the said course may be discontinued with immediate effect. Similarly, the State Government passed orders through their G.O.Ms.No.66, Education (SER.II) Department, dated 04-07-2009, according relaxation of the orders issued earlier by them in G.O.Ms.no.11, Education (SER.II) Department, dated 23-01-2009, rendering candidates possessing M.A. (Education) qualification also as eligible for promotion from SGT to School Assistant posts subject to their satisfying rest of the requirements for such promotion. The State Government has taken care to add that this concession will be available to those candidates, who passed M.A. (Education) during the period from 1981 to 2009 from Andhra University. Thus, it is more than clear that the State Government has been cautiously treading the ground with regard to the eligibility of the candidates possessing M.A. (Education) qualification. It will be apt to notice that in exercise of the power conferred by Sub Section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009, the NCTE laid down the minimum qualifications required for a person to be eligible for appointment as a Teacher for Classes I to VIII, in any school referred to in Clause (n) of Section 2 of the aforementioned Act. This notification was brought into force on 23-08-2010. When we perused the minimum qualifications notified by the NCTE and noticed that either a two-year Diploma in Elementary Education or a four-year Bachelor Degree of Elementary Education or, at least, a one- year Bachelors Degree in Education (B.Ed.) is the qualification that has been specifically provided apart from the basic academic qualification needed to be possessed by each candidate. It is, therefore, clear to us that the notification dated 23-08-2010 issued by the NCTE does not prescribe any other qualification or, even, any equivalent qualification. It is not in dispute that the petitioners do not possess either one-year B.Ed. qualification or two-year Diploma in Elementary Education qualification or a four-year Bachelor of Elementary Education ( B.El.Ed.) qualification, apart from the necessary academic qualifications, such as, pass in Senior Secondary / Bachelors Degree qualification, for one to become eligible to be recruited as Teacher. Now, the question of possessing minimum qualifications, for one to become eligible to be recruited as a Teacher, is required to be regulated in accordance with the notification dated 23-08-2010, issued by the NCTE, in terms of Section 23 (1) of the Right of Children to Free and Compulsory Education Act, 2009. Hence, this is a Statutory regimen, which is incapable of being altered or modified by the State on its own. This is the reason why, when the State Government issued the notification for A.P.T.E.T. – January 2012, it has prescribed exactly the same qualifications as are notified by the NCTE in its notification dated 23-08-2010. In our opinion, no error is committed by the State in not including M.A. (Education) Degree awarded either by the Andhra University or Osmania University as one of the eligibility qualifications for appearing at the A.P.T.E.T. In fact, the State Government has no power to depart from the qualifications prescribed by the NCTE. NCTE is the apex body, which has been entrusted with the task of prescribing and maintaining the necessary standards for Education. Therefore, to achieve uniform standards, specifically suitable qualifications have been prescribed by the NCTE. The State is bound by such qualifications. We, therefore, do not find any illegality or irregularity committed by the State in not including M.A. (Education) qualification awarded by the Andhra / Osmania Universities as an eligibility criteria in the A.P.T.E.T. – January 2012 notification. However, it is always open to the State to mitigate any particular hardship that might be visiting the otherwise qualified candidates, but however, it is for the NCTE to take an appropriate decision in the matter. In the circumstances, the writ appeal is disposed of. However, it is open to the State Government to take up the matter with the NCTE for inclusion of M.A (Education) qualification also. No costs. --------------------------- Ghulam Mohammed, J --------------------------------- Nooty Ramamohana Rao, J mrk 12th December 2011