Case Name: SOUMEN PAUL & ORS. VERSUS SHRABANI NAYEK & ORS.
Case Number: Civil Appeal No. Of 2025 Arising out of SLP (C) No. ____ of 2025
Arising Out of Diary No. 25090/2023
With
Civil Appeal No. Of 2025 Arising Out of SLP (C) No. 25324 Of 2023
Date: 4 April, 2025
Quorum: Justice Pamidigahntam Sri Narasimha and Justice Manoj Misra
FACTS OF THE CASE
The case pertains to recruitment to the post of assistant teachers in primary schools of the State of West Bengal with aid from the West Bengal Primary School Teachers recruitment rules of 2016.
The appellants were admitted to the Diploma of Elementary Education (D.El.Ed) course of 2020-2022 of the West Bengal Board of Primary Education. The completion of the course was delayed owing to the COVID-19 pandemic and some issues with the Board concerned.
Fearing they might cross the age limit in the event of the recruitment notification being published in October 2022, the appellants moved to the Calcutta High Court seeking directions for timely completion of their D.El.Ed. course and restraining the authorities from any selection process until the declaration of results of the D.El.Ed. examination.
The Board had told the Court during the hearing in the High Court on 29.09.2022 that the D.El.Ed. Part-I results would be declared that day, and that TET-qualified candidates who completed their D.El.Ed. course 2020-2022 and passed Part-I will be allowed to participate in the recruitment process.
On this basis, the High Court disposed of the writ petition permitting the appellants to take part in the recruitment process.
The Board issued a notification on 29.09.2022 regarding the publication of D.El.Ed. Part-I results and recruitment in respect of TET-qualified trained candidates. This notification further stipulated that the formal recruitment notification and application form would be published from 21.10.2022.
The actual recruitment notification was made public on 21.10.2022 inviting online applications from TET-qualified trained candidates, which expressly include those appearing for the 2020-2022 D.El.Ed./Special D.Ed./B.Ed. courses.
The appellants made their applications as per the notification dated 21.10.2022, received their course completion certificates on 29.11.2022 and their final results were published on 30.12.2022, with the interviews starting in December 2022.
The private respondents who had already gotten their D.El.Ed. qualification by 29.09.2022 have assailed the single Judge’s order before the division bench and contended that since the appellants still did not satisfy the minimum qualification on the date of initial notification-that they were arguing was the 29th of September, 2022-the appellants were therefore clearly ineligible.
The division bench allowed the appeal, thus setting aside the single Judge’s order, saying that the eligibility qualifications should be possessed by the date of the advertisement, which they took to be 29.09.2022.
The appellants have filed the present civil appeal in the Supreme Court.
ISSUES
What is the accurate implication for Rule 6(2) of the West Bengal Primary School Teachers Recruitment Rules, 2016, on the deadline regarding minimum educational qualifications for consideration of candidates?
Which date should be treated as the date of recruitment notification for determining the eligibility of candidates: 29.09.2022 or 21.10.2022?
Did the Board illegally allowed the candidates who were appearing for their final D.El.Ed. examination to participate in the recruitment scheme?
By what date a candidate should have acquired the qualifications prescribed for a public employment when the recruitment rules or announcement do not specify the cut-off date.
LEGAL PROVISIONS
West Bengal Primary Education Act, 1973.
West Bengal Primary School Teachers Recruitment Rules, 2016, particularly Rule 6 regarding qualifications and its amendment dated 22.12.2020.
Rule 6(2) (as amended): “The candidate shall possess the minimum educational and training qualification as prescribed by the National Council for Teacher Education prevailing as on date of publication of recruitment notification.”.
National Council for Teacher Education Act, 1993.
National Council for Teacher Education (NCTE) Notification dated 23.08.2010 laying down minimum qualifications for teachers.NCTE Notification dated 29.07.2011 prescribing the minimum qualifications prevailing at the time of the recruitment notification.
Article 142 of the Constitution of India regarding the Supreme Court’s power to do complete justice.
ARGUEMENTS
Appellants’ Arguments:
They were diligently pursuing their D.El.Ed. course, which was delayed due to circumstances beyond their control (COVID-19 and issues with the Board).
They approached the High Court promptly seeking relief due to the delay.
The Board, with the High Court’s approval, allowed them to participate in the recruitment process.
They acquired the necessary qualifications before the completion of the recruitment process.
The recruitment notification dated 21.10.2022 explicitly included appearing candidates.
Rule 6(2) does not prescribe a cut-off date for obtaining qualifications.
Respondents’ Arguments:
The recruitment notification date was 29.09.2022, and the appellants did not possess the minimum qualification (D.El.Ed.) on this date.
The eligibility qualifications must be possessed by a candidate on the date of the recruitment notification.
The Board could not have relaxed the recruitment rules to allow ineligible candidates to participate.
The argument that the 29.09.2022 notification was merely preparatory is fallacious.
West Bengal Board of Primary Education’s Arguments:
The notification dated 29.09.2022 was not the actual recruitment notification as it did not contain the number of vacancies.
The recruitment notification was issued on 21.10.2022.
Rule 6(2) incorporates the NCTE qualifications prevailing on the date of the recruitment notification but does not specify a cut-off date for acquiring those qualifications.
The Board sought to resolve the issue arising from the delayed D.El.Ed. course by allowing appearing candidates to participate.
ANALYSIS
The Supreme Court said that the High Court’s division bench made a mistake by treating Rule 6(2) as if it set a deadline for getting the required educational qualifications. It explained that the qualifications should be based on the NCTE rules that apply on the date of recruitment, not on when the qualifications were actually obtained.
The Court agreed with the Board’s contention that the recruitment notification was dated 21.10.2022, as this notification specified the number of vacancies and invited online applications, unlike the earlier notification.
True to the Court, it has further observed this exceptional scenario owing to the delayed D.El.Ed. course and the recruitment notification dated 21.10.2022, which allowed, “the candidates appearing in 2020 to 2022 session” to apply.
The Court stressed that the effect of the order by the Single Judge is to give this equitable remedy without compromising standards, for the appellants will soon find themselves qualified and will be appointed after qualification.
The Court relied on its previous judgments in Bhupinderpal Singh v. State of Punjab and Rakesh Kumar Sharma v. State (NCT of Delhi) regarding the dates on which qualifications must be acquired. The Court also refers to the Constitution Bench decision in Tej Prakash Pathak v. Rajasthan High Court regarding the principles of recruitment.
In the given facts and the context of the recruitment notification dated 21.10.2022, the Supreme Court found no illegality or arbitrariness in permitting the appellants’ participation in the selection process. The Court also invoked its power to do complete justice in the present matter under Article 142 of the Constitution.
JUDGEMENT
The Supreme Court allowed the appeals and set aside the judgment of the division bench of the High Court.
The Court directed that the recruitment process commenced by the notification dated 21.10.2022 must proceed further, and the Board must take immediate steps to conclude it as expeditiously as possible.
CONCLUSION
The Supreme Court’s judgement clarifies that Rule 6(2) of the West Bengal Primary School Teachers Recruitment Rules, 2016, does not establish a strict cut-off date for obtaining the necessary qualifications. It upholds the validity of the recruitment notification dated 21.10.2022, which explicitly allowed candidates appearing for their final D.El.Ed. examinations to apply. The Court prioritized the equitable resolution facilitated by the single Judge’s order and the Board’s initial stance, especially considering the extraordinary circumstances caused by the pandemic-related delays in the appellants’ education. By invoking Article 142, the Supreme Court ensured the continuation and completion of the recruitment process based on the inclusive terms of the 21.10.2022 notification.
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