From To K.Venkata Ram, The Unoin of India, S/O K.B.Rama Satry Represented by Secretary, School Education and Literacy, R/O Bondada Ministry of Human Resource Development Kalla mandal, Government of India W.G.Dist 534206 Shastri Bhawan, New Delhi-110001 A.P Respected Sir, Sub:- Education – School Education – Elementary Education – Recruitment of teachers – in the Kendriya Vidyalaya Sangathan for the year – 2010-11- an objection – Qualification prescribed For the post of Primary School Teacher – B.Eds also eligible- over Ruled the NCTE Act 73/93 [central Act]- and various Hon’ble Supreme Court Judgments – Request for implement NCTE Regulations – 2001 –Immediately – Regarding. * * * 1) I respectfully submitted that I have passed inter in 1999. I have undergone 2 years course of Diploma in Education (D.Ed) and passed in 1st class both in theory and practical and obtained a certificate issued by the Director of Government exams, A.P., Hyderabad, in April 2003. 2. The Kendriya Vidyalaya Sangathan, henceforth mentioned as KVS, is an autonomous organization under the Ministry of Human Resource Development, Govt. of India. The KVS intends to recruit Officers, teaching and non-teaching staff for its Offices/schools spread all over India. Applications are invited in the prescribed format from the Indian Nationals for filling up the vacancies in the Kendriya Vidyalaya Sangathan for the year – 2010-11 which was published in Employment News 12-18 sep2009 3. As per the said notification the qualification for S.NO PRIMARY TEACHERS (PRT) ESSENTIAL QUALIFICATIONS as follows i) Senior Secondary School Certificate with 50% marks or Intermediate with 50% marks or its equivalent; and ii) Diploma or Certificate in basic teachers’ training of duration of not less than two years. OR Bachelor of Elementary Education (B.El.Ed.) or B.Ed. or equivalent. 4. As per further notification the examination to be held on 21-03-2010 for the post of PRIMARY TEACHERS (PRT).. 5 The qualification prescribed for the post of PRIMARY TEACHER (PRT) to the extent that “Or the candidate must possess a bachelor degree and B.Ed” degree is illegal, un constitutional and clear violation of various Hon’ble Supreme Court Judgements and National Council for Teacher Education (NCTE) regulations–2001, dt: 03.09.2001. 6) It is submitted that National Council for Teacher Education (NCTE) formed under parliament Act [NCTE Act 1993 (73 of 1993) ] and made regulations under clause (d) (i) of sub section (2) of section 32 read with section 12(d) of NCTE Act73/93, NCTE (Determination of minimum qualifications for recruitment of teachers in schools) Regulations 2001 and published in The Gazette of India Notification No:238, dt: 04.09.2001 made the following regulations for recruitment of a person in Primary School Teacher (i) Senior secondary school certificate or Inter and (ii) Diploma in Education in basic teachers training of a duration of not less than two years (or) bachelor of elementary Education (B.El.d) is minimum qualification And note [1] said that B.Ed is not a substitute for basic teachers training programme. Hence the qualification prescribed for the post of PRT extent or bachelor degree and B.Ed is illegal, unconstitutional and invalid. Hence I request you kindly give a direction to The Kendriya Vidyalaya Sangathan that “to issue an order the notification issued by The Kendriya Vidyalaya Sangathan inviting application for the recruitment of Teachers to extent of prescribing qualification of Bachelor degree and B.Ed for the post of as , illegal and set aside the same to pass such other order or orders as this government of India may be deem fit and proper in the circumstances of the case”. And “to consider only the candidate with intermediate or its equivalent and diploma in Basic Teacher Training of duration of not less than 2 years (D.Ed) for the post of and direct The Kendriya Vidyalaya Sangathan not to entertain and reject the applications of the candidates with bachelor degree and B.Ed for the post of pending disposal of this petition. For the among the other grounds GROUNDS 1. In the case of Dilip Kumar Ghosh & Ors Vs Chairman & Ors Case Appeal [civil] No: 7119/2003 [(2005) 7 SCC 567], The Hon’ble Supreme Court of India held that “for primary school teachers qualification required was JBT/PTTTC and not higher qualification of B.Ed”. The Supreme Court held that (i)”In the case of the junior basic training and primary teachers training certificate the emphasis is on the development of the child. The primary education is up to IV th standard. But in the primary school Teacher training one has to study the psychology and development of child at a tender age. The person who is trained in B.Ed degree may not necessarily be equipped to teach a student of primary class because he is not equipped to understand the psychology of a child at that early stage”. (ii) This is only peculiar to the curriculum of the junior basic training course and primary teachers training certificate course. Therefore, looking to the curriculum one can appreciate distinction between the two courses”. (iii) The idea behind the framing of these rules was that JBT/TTC trained teachers should be appointed so that they can impart proper education to the child of tender age who requires an expert and tending hand”. 2. In the case of appeal (Civil) 3897/2001 Yogesh Kumar & Ors Vs Government of NTC Delhi 2005[(2003)3scc548] The Hon’ble Supreme Court of India held that “In our considered opinion it has rightly come to the conclusion that B.Ed qualification, although a well recognized qualification in the field of teaching and education, a specialized training given to teachers for teaching small children at primary level cannot compared with training given for awarding B.Ed., Further held that “B.Ed Qualification cannot be treated as a Qualification higher than TTC because the natures of training imported for grant of certificate and degree are totally different. Further held that “Presently more candidates are available from B.Ed category and very few from TTC category, the supreme court can not consider B.Eds are eligible for the post of primary school teacher post. So, I great respectfully request you please appoint in post with D.Ed only. 3. It is further submitted that in another case Appeal (Civil) 1726-28/2001 PM Latha Ors VS state of Kerala Ors, the Hon’ble supreme court of India held that “We find absolutely no force in the argument advanced by respondent B.Ed qualification is a higher qualification than TTC and therefore, the B.Ed candidates should be held to be eligible to compete for the post”. “We find sufficient logic and justification in the state prescribing qualification for post of primary teachers as only TTC and not B.Ed”. 4. In the case of C.W 6798/2000 the Hon’ble High Court of Delhi held that “The subject content as well as teaching methodology is different for ETE diploma holder and B.Ed degree holder. The teaching practice for primary teachers and secondary teachers is also different duration and different levels. The two qualifications operate in different fields and at different levels. It will therefore be wrong to say that B.Ed is a higher qualification than JBT. In the same sense as B.A. is higher than intermediate because for passing B.A. one has necessarily to pass intermediate but in order to obtain B.Ed it is not necessary to pass JBT first. These two qualifications are specially meant for different levels of students and there is no question of one being higher than the other”. By observing all above judgement it is clearly understood that B.Eds are not eligible for the post of primary school teacher and D.Eds alone eligible for the same. 5. As per notification rule 16.25 the jurisdiction for all legal matters for this recruitment will be New Delhi and legal cases filed (if any) in other courts will not be maintainable Hence it is prayed that in the interest of justice the state government of India may be pleased to The Kendriya Vidyalaya Sangathan to consider only the candidates with inter and D.Ed and direct not to entertain to appoint B.Eds as a PRIMARY TEACHER And also direct to implement NCTE regulations – 2001 and “to issue direction to cancel the notification issued by The Kendriya Vidyalaya Sangathan inviting application for the recruitment of Teachers to extent of prescribing qualification of Bachelor degree and B.Ed for the post of as, illegal and set aside the same to pass such other order or orders as this government of India may be deem fit and proper in the circumstances of the case”. And “to consider only the candidate with intermediate or its equivalent and diploma in Basic Teacher Training of duration of not less than 2 years (D.Ed) for the post of PRIMARY TEACHER post and direct The Kendriya Vidyalaya Sangathan not to entertain and reject the applications of the candidates with bachelor degree and B.Ed for the post of PRT pending disposal of this petition. For the among above mentioned grounds Thanking you Sir, Yours obediently, Bondada, Dt: 25-02-2010. (K.VENKATA RAM) kvrded@yahoo.co.in Copy submitted to: 1) The Hon’ble president of India , New Delhi. 2) The Prime Minister of India , South Block, New Delhi – 110 011. 3) The Member Secretary, NCTE, Wing-II, Hans Bhavan, 1, Bahadur Shah, Zafer Marge, New Delhi – 110 002. 4. The Commissioner, Kendriya Vidyalaya Sangathan (Hqrs) 18 - Institutional Area, Shaheed Jeet Singh Marg , New Delhi - 110602piokvs@yahoo.co.in FAX011-26514179