Right To Education Act | Diploma Or Bachelor's In Elementary Education Essential For Junior Teacher Post: Punjab & Haryana HC

The Punjab & Haryana High Court has said that the essential qualification for the post of Junior Basic Teacher (JBT) should be in conformity with the Right To Education Act (RTE) and the National Council for Teacher Education (NCTE) which is either Diploma in Elementary Education or Bachelor in Elementary Education.

 The Court was hearing a plea filed by the Chandigarh Administration. challenging the order of CAT which had directed to consider the candidates for recruitment of JBT possessing either Diploma in Elementary Education or Bachelor in Elementary Education.

Justice Sanjeev Prakash Sharma and Justice Meenakshi I. Mehta said, "In order to maintain uniformity and to remove the ambiguity, but we must read down the advertisement to include B.El.Ed apart from D.El.Ed. to be equal qualification for the purpose of appointment as JBT Teacher with the sole purpose to save the advertisement and the selections which have already been made."

Speaking for the bench Justice Sharma said, the Court must always attempted to harmonize the provisions of law in order to save the selections which have already been conducted. 

The Court highlighted that the Right of Children to Free and Compulsory Education Act, 2009, commonly known as RTE Act, mandates free and compulsory education for children aged 6-14 years and the NCTE laid down the minimum qualification for teachers of various classes.

It found that the post of JBT required the qualification, the NCTE, vide 2010 notification , issued in terms of the powers exercised under Sub-section (1) of section 23 of the RTE Act, laid down the minimum qualification for teachers teaching Classes I-V

"(a )Senior Secondary (or its equivalent) with at least 50% marks and 2- year Diploma in Elementary Education (by whatever name known)

OR

Senior Secondary (or its equivalent) with at least 45% marks and 2 – year Diploma in Elementary Education (by whatever name known), in accordance with the NCTE (Recognition Norms and Procedure), Regulations 2002

OR

Senior Secondary (or its equivalent) with at least 50% and 4 – year Bachelor of Elementary Education (B.El.Ed.)

OR

Senior Secondary (or its equivalent) with at least 50% and 2 –

year Diploma in Elementary (Special Education) AND

(b)Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.”

In the light of the above, the bench said, "it was incumbent on the Chandigarh Administration to have adopted and framed their Rules in conformity with the notification issued by the NCTE in terms of the RTE Act and a departure could not have been made while issuing the advertisement."

Hence, the Court concluded that for applying for the post JBT a candidate must possess knowledge in Elementary Education.

"There are two different qualifications which have been allowed for the said purpose i.e. Diploma in Elementary Education or Bachelor in Elementary Education by NCTE. After coming into force of the aforesaid Regulations of 2010, it was necessary for the State and UT Authorities to have framed their Rules in conformity with the RTE Act and NCTE Act. Default on the part of the Chandigarh Administration cannot give any advantage to a particular individual," it added.

Consequently, the pleas were disposed of.

Ms. Madhu Dayal, Additional Standing Counsel, U. T. Chandigarh and

Ms. Shubreet Kaur, Junior Panel Counsel,

U. T. Chandigarh, for the petitioners.

Mr. Rakesh Sobti, Advocate, for the petitioners In CWP No. 9970 of 2025.

Mr. Parunjeet Singh, Advocate, for respondent no.1-Caveator In CWP No. 1922 of 2025.

Title: Union Territory, Chandigarh and others v. Sakshi Malik and others

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