Hearing the PIL, a bench headed by Justice Dhananjay Chandrachud, on October 11, asked the government to file an affidavit within four weeks. The PIL, filed by Murari Ganeshdatta, a resident of Bhiwandi, argued that the state government had issued a circular and a GR, which not only went against the full bench decision of high court made in 2000 but also affected the future of children.
High court had ruled that a D.Ed (Diploma in Education) would be the criterion for recruiting primary school teachers and not B.Ed (Bachelor in Education) as the former course had a special curriculum for teaching in primary schools, the PIL said.
It had also held that those who do not have a D.Ed but were teaching at primary schools were not trained teachers.
However, the court gave them an opportunity to get D.Ed certificates by correspondence, the PIL further stated. But, despite the high court order, several teachers who had not obtained D.Ed certificates were allowed to teach in primary schools, the PIL added.
According to the PIL, the state government GR to implement the full bench ruling of the high court was issued on November 7, 2001. But, five days later, on November 12, it issued another GR which diluted the one circulated on November 7.
That was followed by another order in 2011 which eventually nullified the November 12 GR of 2001. Counsel for the petitioner, RR Tripathi, contended that the state government cannot issue a GR diluting the decision by a full bench of high court.
Citing an instance, the PIL alleged that one of the Citing an instance, the PIL alleged that one of the respondents, Ramavtar Shukla of Chacha Nehru Hindi Primary School in Bhiwandi town of Thane district, did not possess a D.Ed certificate but was still allowed to teach at the primary school.
Shukla had now become headmaster of the said school despite being an untrained teacher as per the HC order, the PIL alleged. The schools and teachers therein who did not have D.Ed- qualified teachers had thus committed contempt of court by not following the full bench order, the PIL alleged.
The PIL demanded that such teachers as were not trained or who did not hold D.Ed certificates should be asked to refund the salaries drawn by them.