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Smart Summary

Factual and Procedural Background

On 11 August 2023, the Supreme Court dismissed appeals challenging a Rajasthan High Court judgment dated 25 November 2021. The dispute concerned the eligibility of B.Ed. candidates for appointment as primary school teachers (Class I to V) where they did not possess D.El.Ed. (a diploma). The Rajasthan High Court had held that for the primary level the eligibility criterion is D.El.Ed. and not B.Ed., and it quashed a Central Government notification dated 28 June 2018 that had included B.Ed. as a qualification for primary teachers. The 11 August 2023 Supreme Court judgment affirmed that outcome by dismissing the appeals.

Subsequently, the State of Madhya Pradesh filed an application labelled as one for “clarification,” seeking a declaration that the 11 August 2023 judgment should operate prospectively. The Court treated the clarification application as being in the nature of a review petition. The Court noted that the underlying issue was the subject of a large number of litigations across various States, with some matters pending before High Courts.

Legal Issues Presented

  1. Whether the Supreme Court’s judgment dated 11 August 2023 should be given prospective operation (and, if so, to what extent and for which category of B.Ed. appointees).
  2. Whether an application styled as one for “clarification” that seeks an independent substantive relief should be entertained, and whether it may be treated as a review petition.

Arguments of the Parties

Applicant (State of Madhya Pradesh) / Parties Seeking Prospective Operation

  • Sought “clarification/direction” that the 11 August 2023 judgment should apply prospectively.
  • It was conveyed that retrospective effect would result in loss of employment for persons already appointed as teachers in different States on the strength of their B.Ed. degree, who had entered employment pursuant to notifications/advertisements that did not stipulate D.El.Ed. as the only requisite qualification.

Opposing Parties (Seeking Retention of the Judgment in Its Present Form)

  • Objected that the application was framed as one for clarification while in substance it sought an independent relief, and that such applications ought not be entertained; the proper recourse after a final order is a review petition on legally permissible grounds.
  • Raised a technical objection that the review procedure under the Supreme Court Rules was not followed and that no opportunity to file affidavits was being given.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court first examined the character of the application. Although labelled as one for “clarification,” it sought an independent relief—prospective operation of the earlier judgment—and was therefore treated as a review petition. The Court expressed the view that applications seeking clarification to alter a final order ought not to be entertained, and that alteration must be sought through review on legally permissible grounds. It also stated that it was addressing the issue in exercise of its jurisdiction as a Court of record with reference to Article 129 of the Constitution of India.

On the procedural objection that review procedure under the Supreme Court Rules was not followed and that affidavits were not invited, the Court held that, given the scope of the application, further pleadings were unnecessary; and that conversion of a clarification application into a review petition at the time of hearing would not be a fatal procedural flaw.

Turning to the merits, the Court noted that the 11 August 2023 judgment did not state whether it would be prospective; it observed that ordinarily a judgment acts retrospectively unless specifically stated otherwise. However, the Court considered the equities arising from the fact that a large number of B.Ed. degree holders had already been appointed on the basis of eligibility criteria specified by the educational authorities. Accepting the B.Ed. appointees’ contention that they entered employment as per criteria set by the appointing authority, the Court held that equity favoured protection of such existing employment.

The Court therefore directed that the 11 August 2023 judgment shall have prospective operation, but only for a defined class of appointees: those appointed prior to 11 August 2023, in regular employment without disqualification, appointed pursuant to an advertisement where B.Ed. was stipulated as a valid qualification, and whose appointments were not subject to any court-imposed condition that they would abide by the final outcome of pending litigation. The Court clarified that mere selection or participation in the recruitment process would not qualify for this protection.

Additionally, for the protected B.Ed. appointees, the Court required completion of a “bridge course.” It directed the educational authorities to devise state/union territory-wise bridge courses within one year. The National Council for Teacher Education (NCTE) was tasked to design the course under the overall supervision of the Ministry of Education, Union of India. Once formulated, the course was to be publicly notified with a timeframe for participation and completion; failure to participate and complete within the prescribed timeframe would invalidate the appointment.

Finally, the Court clarified that these directions were not confined to the applicant State and would cover all pending cases in any State or Union territory involving the same point of law.

Holding and Implications

ALLOWED IN PART / DISPOSED OF: The Court allowed I.A. Nos. 248199 of 2023 and 248207 of 2023, held that the judgment dated 11 August 2023 shall have prospective operation subject to specified conditions, and disposed of the present application in those terms; pending applications, if any, were also disposed of.

The direct effect is that B.Ed. candidates appointed as primary teachers before 11 August 2023 under advertisements recognizing B.Ed. as a valid qualification (and not appointed subject to court-imposed outcome conditions) are protected from removal on account of the 11 August 2023 judgment, provided they complete the bridge course within the notified timeframe. The directions apply across States and Union Territories to all pending matters on the same point of law. The opinion does not indicate that any new precedent was set beyond these case-specific directions.

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    DEVESH SHARMA v. UNION OF INDIA

    1

    ITEM NO.301 COURT NO.5 SECTION XV

    S U P R E M E C O U R T O F I N D I A

    RECORD OF PROCEEDINGS

    MISCELLANEOUS APPLICATION…………………………. Diary No. 4303/2024 (Arising out of impugned final judgment and order dated 11-08-2023 in C.A. No. 5068/2023 passed by the Supreme Court Of India) DEVESH SHARMA Petitioner(s)

    VERSUS

    UNION OF INDIA & ORS. Respondent(s)

    (IA No. 77741/2024 - APPROPRIATE ORDERS/DIRECTIONS

    IA No. 75789/2024 - APPROPRIATE ORDERS/DIRECTIONS

    IA No. 75728/2024 - APPROPRIATE ORDERS/DIRECTIONS IA No. 23533/2024 - CLARIFICATION/DIRECTION IA No. 75917/2024 - EXEMPTION FROM FILING AFFIDAVIT IA No. 77742/2024 - EXEMPTION FROM FILING AFFIDAVIT IA No. 75730/2024 - EXEMPTION FROM FILING AFFIDAVIT IA No. 75717/2024 - EXEMPTION FROM FILING AFFIDAVIT IA No. 78146/2024 - EXEMPTION FROM FILING AFFIDAVIT IA No. 77586/2024 - EXEMPTION FROM FILING O.T. IA No. 23534/2024 - EXEMPTION FROM FILING O.T. IA No. 75313/2024 - INTERVENTION APPLICATION IA No. 75293/2024 - INTERVENTION APPLICATION IA No. 75859/2024 - INTERVENTION APPLICATION IA No. 54821/2024 - INTERVENTION APPLICATION IA No. 78847/2024 - INTERVENTION APPLICATION IA No. 75715/2024 - INTERVENTION APPLICATION IA No. 78144/2024 - INTERVENTION APPLICATION IA No. 75912/2024 - INTERVENTION/IMPLEADMENT IA No. 72691/2024 - INTERVENTION/IMPLEADMENT IA No. 77667/2024 - INTERVENTION/IMPLEADMENT IA No. 77585/2024 - INTERVENTION/IMPLEADMENT IA No. 77070/2024 - INTERVENTION/IMPLEADMENT IA No. 78428/2024 - INTERVENTION/IMPLEADMENT IA No. 76561/2024 - INTERVENTION/IMPLEADMENT IA No. 76478/2024 - INTERVENTION/IMPLEADMENT) Date : 08-04-2024 These matters were called on for hearing today.

    CORAM :

    HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Parties Mr. Tushar Mehta, Solicitor General Mr. K. M. Nataraj, A.S.G.

    Mr. Saurabh Mishra, A.A.G.

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    Mr. D. S. Parmar, A.A.G. Mr. Pashupathi Nath Razdan, AOR Ms. Indra Bhakar, Adv. Ms. Maitreyee Jagat Joshi, Adv. Mr. Astik Gupta, Adv. Mr. Devdatt Kamat, Sr. Adv. Mr. Amit Agrawal, AOR Ms. Radhika Yadav, Adv. Ms. Sana Jain, Adv. Mr. A. Gupta, Adv. Mr. Harsh Pandey, Adv. Mr. Anubhav Kumar, Adv. Mr. Vikramjit Banerjee, ASG Mr. Kartikeya Asthana, Adv. Mr. Abdhesh Choudhary, Adv. Mr. Vishnu Shankar Jain, Adv. Mr. G. S. Makker, AOR Mr. Vikas Singh, Sr. Adv. Mr. Rakesh Mishra, AOR Mr. Ambuj Sharma, Adv. Mrs. Anita Pandey, Adv. Mr. Dinesh Kr. Tiwary, Adv. Mrs. Rajmala Dohare, Adv. Mr. Chandan Kumar, Adv. Mr. Santosh Kr. Tripathi, AOR Mr. Vikas Singh, Sr. Adv. Ms. Deepeika Kalia, Adv. Mr. Keshav Khandelwal, Adv. Ms. Vasudha Singh, Adv. Mr. Kunal Chatterji, AOR Ms. Maitrayee Banerjee, Adv. Mr. Rohit Bansal, Adv. Ms. Kshitij Singh, Adv. Mr. Vikramjit Banerjee, ASG Mr. Prashant Rawat, Adv. Mr. Abdhesh Choudhary, Adv. Mr. Kartikeya Asthana, Adv. Mr. Vishnu Shankar Jain, Adv. Mr. G. S. Makker, AOR Mr. Kapil Sibal, Sr. Adv. Mr. Anand Nandan, Adv. Ms. Sumedha Sarkar, Adv. Ms. Rupali Samver, Adv. Mr. Akshat Srivastava, AOR

    3

    Mr. Abhishek Manu Singhvi, Sr. Adv. Mr. P. S. Patwalia, Sr. Adv. Mr. Amit Pawan, AOR

    Mr. Aakarsh, Adv.

    Mr. Abhishek Amritanshu, Adv. Mr. Hassan Zubair Waris, Adv. Ms. Deveshi Chand, Adv. Ms. Harshika Verma, Adv. Mr. Ranjit Kumar, Sr. Adv. Ms. V. Mohana, Sr. Adv. Mr. Amit Pawan, AOR Mr. Hassan Zubair Waris, Adv. Mr. Abhishek Amritanshu, Adv. Ms. Shivangi, Adv.

    Mr. Mandeep Kalra, AOR Ms. Chitrangada Singh, Adv. Ms. Radhika Jalan, Adv. Mr. R. K. Singh, Adv. Mrs. Neeraj Singh, Adv. Kumar Gaurav, Adv. Mr. Linto K.B., AOR Mr. R. K. Singh, Adv. Mrs. Neeraj Singh, Adv. Kumar Gaurav, Adv. Mr. Sanjay Rastogi, AOR Ms. Meenakshi Arora, Sr. Adv. Mr. Mandeep Kalra, AOR Ms. Chitrangada Singh, Adv. Ms. Radhika Jalan, Adv. Mr. Chandra Tanay Chaube, Adv. Ms. Aparajita Singh, Sr. Adv. Mr. Pushpendra Singh Chandel, Adv. Mr. Rahul Yadav, Adv.

    Mr. Himanshu, Adv.

    Mr. Chand Qureshi, AOR

    Mr. Pushpendra Singh, Adv. Mr. Vikrant Pachnanda, Adv. Mr. Rahul Yadav, Adv.

    Mr. Gopal Sankaranarayanan, Sr. Adv. Mr. Mandeep Kalra, AOR

    Ms. Chitrangada Singh, Adv. Ms. Radhika Jalan, Adv.

    Mr. Vishal Sinha, Adv.

    4

    Mr. Gaurav Jain, Adv. Mr. Abha Jain, AOR Mr. Subir Sanyal, Adv. Mr. Somesh Ghosh, Adv. Mr. Narendra Kumar Jain, Adv. Mr. Jaivir Singh, Adv. Mr. Ajay Bansal, Adv. Mr. Rajeev Kr. Srivastava, Adv. Mr. Gaurav Yadava, Adv. Mr. Shyam Divan, Sr. Adv. Mr. Santosh Kumar, AOR Mr. Shaurya Rai, Adv. Mr. Arup Chakraborty, Adv. Mr. Ujjal Kumar Ray, Adv. M/s Mukesh Kumar & Co., AOR UPON hearing the counsel the Court made the following

    O R D E R

    I.A. Nos. 248199 of 2023 and 248207 of 2023 are allowed.

    On 11th August, 2023, this Court dismissed a set of appeals against a judgment of the Rajasthan High Court dated 25th November, 2021. The dispute involved in these proceedings pertained to eligibility of B.Ed. Candidates to be appointed as teaching staff in cases where they did not have D.El.Ed, which is a diploma course. The Rajasthan High Court had held that at the primary level, the eligibility criteria would be D.El.Ed. qualification which is a diploma course and not B.Ed. The High Court had quashed a notification of the Central Government dated 28.06.2018 by which B.Ed. was

    5

    included as a qualification for teachers at Primary level i.e. for class I to class V, and in a judgment delivered by this Court on 11.08.2023, appeals filed against the said judgment were dismissed. Now, an application has been taken out by the State of Madhya Pradesh, labelling it as an application for clarification and the applicant seeks for us to hold that the said judgment ought to have prospective application only. Though framed as an application for clarification, it is in the nature of a review petition only. Though the applicant here is the State of Madhya Pradesh, the said dispute is the subject-matter of a large number of litigations in various states and we are apprised that in some High Courts, the matters are pending.

    Before us, two sets of parties are there, one set wants retention of the said judgment in its present form. The opposing side alleges that it would result in loss of employment to those who were already appointed as teachers in different States on the strength of their B.Ed degree. It is submitted that they had entered their employment following a legitimate course as per the notification issued by the respective appointing authorities which did not stipulate D.El.Ed. to be the only requisite qualification.

    6

    Now, having considered these factors and particularly the contention of the B.Ed. applicants that they had entered their employment as per the qualification criteria specified by the appointing authority, equity should go in favour of retention of their employment.

    Two points have been urged taking objection to the plea of the present applicant i.e., the State of Madhya Pradesh. The first one is that this application has been framed as one for clarification and actually, an independent relief is asked for in this application. We have referred to this aspect of the controversy earlier in this judgment. In our opinion, this kind of applications seeking clarification ought not to be entertained and if a final order is passed, the only recourse for seeking alteration of the order is a petition for review on legally permissible ground. Considering the pleadings in this application seeking clarification, we treat this application as a petition for review. We are addressing this issue also in exercise of our jurisdiction that inheres in a Court of record, having regard to Article 129 of the Constitution of India. A technical plea was raised on behalf of the parties who opposed prospective application of this judgment on the ground that procedure for review as

    7

    specified in the Supreme Court Rules was not followed and that no opportunity to file affidavits was being given. But having regard to the scope of the present application, we did not consider it necessary to invite further pleadings. Otherwise also, conversation of an application labelled as one for clarification into a review petition at the time of hearing would not be a fatal procedural flaw. In the given facts, we find that the question as to whether the judgment would be prospective or not was not stated by us in the judgment delivered on 11th August, 2023. Ordinarily a judgment acts retrospectively unless it is specifically stated to be otherwise. Moreover, this matter has been heard on several occasions and the points urged by the respective parties have been taken note of by us. As it appears that a large number of candidates with B.Ed. degree had already been appointed on the basis of eligibility criteria specified by the educational authorities, we do not think it to be equitable to effect their removal. We, accordingly hold that the judgment delivered by this Bench on 11th August, 2023 shall have prospective operation. But prospective operation of this judgment shall be only for those candidates who were appointed without any qualification or conditions imposed by

    8

    any Court of Law to the effect that their appointment would be subject to final outcome of the case which might have had been instituted by them and such candidates were in regular employment without any disqualification and were appointed in pursuance of a notice of advertisement where B.Ed. was stipulated to be valid qualification. Services of only such candidates shall not be disturbed because of this judgment. We make it clear that this benefit is only for the candidates who were appointed prior to the date our judgment was delivered, on 11th August, 2023. Mere selection of such candidates or their participation in the process will not entitle them for a benefit under our present order. Moreover, the candidates having B.Ed. qualification whose appointments we are protecting in this judgment, will have to undergo a bridge course and we direct the educational authorities to device such course, which would be applicable for each state and union territory, within a period of one year from today. This course shall be only for those appointees who have been engaged with B.Ed. degree only in the subject-posts under conditions stipulated in the earlier part of this order. National Council for Teacher Education shall design such course under overall supervision of the Ministry of Education,

    9

    Union of India. Upon formulation of such course, the same shall be publicly notified and a timeframe shall also be given within which the respective candidates shall participate therein. Failure of any candidate to participate and complete the course within the timeframe to be given by the concerned educational authorities will invalidate the appointment of such candidate.

    We also make it clear that the directions contained in this order shall not be confined to the applicant state only and shall cover all cases which may be pending in different judicial fora in any State or Union territory on the same point of law. The present application stands disposed of in the above terms.

    Pending application(s), if any, shall also stand disposed of.

    (SNEHA DAS) (VIDYA NEGI)

    SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR

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    DEVESH SHARMA v. UNION OF INDIA
    (Apr 8, 2024)