JUDICIAL ACTIVISM IN GAUHATI HIGH COURT, EMAIL=PIL

In a rare case, the Gauhati High Court has turned an email complaint about violation of National Council of Teacher Education norms into a Public Interest Litigation (PIL).

The email by one Jitendra Sharma to the Chief Justice of Gauhati HC, Justice R S Garg, pertained to violation of the NCTE norms in admission to the Bed programme. Sharma pointed out that NCTE by a gazette notification of August 31, 2009, had said that a candidate should have at least 50% marks either in the bachelor ‘s degree, master’s degree or any equivalent qualification for admission into B.Ed. However, Dibrugarh University, Sharma wrote to Justice Garg, issued a notice prescribing 45% marks in major or in aggregate at the bachelor’s degree or 45% marks in the master’s degree which is contrary to the instructions issued by NCTE.

He had requested the HC to intervene and quash the university’s notice. Sharma also told the HC that any deviation from NCTE norms is illegal. The HC has issued notice to the state government, Dibrugarh University and the Centre to reply within four weeks.

Sharma had earlier written to the university that fixing the eligibility criterion at 45% was illegal. NCTE sources also said that dilution of the eligibility condition was illegal and that it would take appropriate action. “Under the Right to Education Act, there is a lot of emphasis on the quality of teachers. The new law will have no impact unless there is a seminal change in the quality of teachers,” an NCTE official said.

NCTE has already decided that in the next 2-3 years, B.Ed will become a two-year course, instead of the current one year, and the Diploma in Education course will be phased out.