Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

NCTE framed regulations viz., NCTE (Determination of Minimum qualifications for recruitment of
Teachers in Schools) Regulations, 2001 laying down minimum qualifications for recruitment of teachers
in all formal schools established, run or aided or recognized by Central or State Government and other
authorities for imparting education at elementary (primary & upper primary/middle school), secondary
& senior secondary stages.
NCTE alone is competent to fix minimum qualification for appointment for imparting education
covered under NCTE Act and it being expert body, its function is to maintain standard of education in
relation to teachers’ education, and the State Government is under obligation to lay down qualification
in conformity with qualification prescribed by NCTE and its Regulations, 2001 and according to the
recruitment qualifications for Teachers in educational institutions laid down by NCTE – in its
consonance, State Government after judgment in Kailash Harijan vs. State (supra) made amendment
U/r 266 (3) of Rules, 1996 vide its notification dt. 28.06.06.
As regards binding effect of NCTE Regulations, 2001, it has been examined by this Court observing
that qualifications fixed by State Government U/r 266 of Rules, 1996, which governs appointment of
Primary/Upper Primary School Teachers can in no manner be made in contrary to the NCTE
Regulations. -
Rajasthan PSC
“25. ....... The binding nature of the NCTE Regulations cannot be doubted. After
the 42 nd Amendment in the Constitution the power to legislate on professional and technical
institutions and determination of standards of education therein can be treated to entries
65 & 66 of List 1 of the 7 th Schedule to the Constitution. (See decision in Union of India
V. Shah Goverdhan L. Kabra Teachers College, JT 2002 (8) SC 269). By the 42 nd
amendment the subject of ‘education including Universities’ which figures at Entry 11 in
List II was deleted and substituted as Entry 25 in List III but subject to provision of
entries 63, 64, 65 and 66 of List I. By virtue of re-allocation of power the States also
have power to legislate on education, regulate the establishment and maintenance of
education institutions but in exercise of the power cannot make rules contrary to standards
prescribed under the Central legislation. ...”
“.... We have therefore, no doubt in our mind that the qualifications fixed by the State
under rule 266 of the Panchayat Raj Rules cannot govern appointment of teachers in
primary/primary section of upper primary schools teachers to the extent it is contrary to
the Regulations of the NCTE and the observations relied upon by the learned Advocate
General lend no support to his argument.”
As per qualifications mentioned in First Schedule to NCTE Regulations, apart from basic academic
qualification of senior secondary school certificate or intermediate or its equivalent, those having
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