Indore (Madhya Pradesh): In a significant ruling reinforcing the distinction between qualifications for regular and special educators, the Indore bench of the Madhya Pradesh High Court has directed the State Government to appoint a candidate who was denied the post of special education teacher despite possessing a valid qualification recognised by the Rehabilitation Council of India (RCI).
Justice Jai Kumar Pillai allowed the writ petition filed by Dalchand Ahir, holding that the authorities had acted arbitrarily by evaluating his eligibility on the basis of approval from the National Council for Teacher Education (NCTE), even though appointments to the post of special education teacher are governed by the Rehabilitation Council of India.
The petitioner had completed a Diploma in Education (Mental Retardation) from Digdarshika Institute of Rehabilitation & Research, Bhopal, an RCI-recognised institution, and had also qualified the Samvida Shala Shikshak Grade-III Eligibility Test in 2011, securing 83.72 marks.
He was allotted J3anpad Panchayat, Kukshi, in Dhar district for appointment, but was denied the job after officials held that his institute was not recognised by the NCTE.
The HC held that the authorities had "acted in a pedantic and mechanical manner" by applying eligibility norms meant for regular teachers to a candidate seeking appointment as a special education teacher.
The HC observed that the statutory role of regulating training for special educators lies with the RCI, while the NCTE governs qualifications for regular teachers.
Rejecting the State's defence, the HC ruled that general administrative circulars requiring verification through the NCTE could not override the statutory jurisdiction of the RCI in matters relating to special education.
It also noted that the authorities had shown a complete non-application of mind by referring to an unrelated university while examining the petitioner's credentials.
The HC further accepted the petitioner's allegation of discrimination, observing that another candidate with similar qualifications had been appointed by the State, while the petitioner was denied the same benefit without any reasonable basis, violating the guarantee of equality under Article 16 of the Constitution.
Quashing the decision to withhold the appointment, the HC directed the State to issue an appointment letter to Dalchand Ahir as special education teacher at the allotted Janpad Panchayat, Kukshi, within 60 days of receiving the certified copy of the judgment.
The bench also granted him notional seniority from the date similarly placed candidates were appointed, along with all consequential service benefits.
However, applying the principle of "no work, no pay", the HC clarified that he would not be entitled to back wages for the period during which he remained out of service.
