Supreme Court Dismisses Jharkhand Government’s Review Petition in Teacher Qualification Case

The case of State of Jharkhand & Ors. v. Bhagirathi Prasad Dey revolves around the validity of a teaching qualification obtained before the enactment of the National Council for Teacher Education Act, 1993 (NCTE Act). The Supreme Court dismissed the State of Jharkhand’s review petition challenging the recognition of the qualification issued by Sister Nivedita College, Kolkata, reaffirming that such certificates were considered valid based on prior High Court rulings.

The judgment underscores the principle that once courts have settled a legal issue through multiple decisions, review petitions cannot be used to reopen settled matters unless there is an evident error on record. The Supreme Court found no such error and dismissed the petition.

Background of the Case

The case stemmed from a dispute over the validity of a teaching qualification obtained before the NCTE Act, 1993 came into force. The respondent, Bhagirathi Prasad Dey, possessed a certificate from Sister Nivedita College, Kolkata, issued before the enactment of the NCTE Act. The Jharkhand government contended that this qualification did not meet the eligibility criteria for appointment as a teacher under post-1993 regulations.

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The respondent challenged the rejection of his qualification, leading to a series of High Court decisions affirming the validity of such pre-NCTE Act certificates for teaching appointments. The State of Jharkhand sought a review of the Supreme Court’s earlier ruling upholding these decisions.

Arguments by the Petitioner

The State of Jharkhand argued:

• The qualification issued by Sister Nivedita College, Kolkata, was obtained before the NCTE Act, 1993 came into effect and should not be recognized under post-1993 regulations.
• Teaching standards require compliance with NCTE regulations, and pre-NCTE Act qualifications must be reassessed.
• The Supreme Court should reconsider its earlier decision due to its implications for teacher recruitment policies.

Arguments by the Respondent

Bhagirathi Prasad Dey countered:

• The certificate was valid when issued and was recognized in multiple High Court rulings.
• The State of Jharkhand was attempting to relitigate an issue that had been conclusively decided.
• The review petition did not present any new facts or errors that would warrant revisiting the Supreme Court’s decision.

Supreme Court’s Judgment

The Supreme Court, comprising Justices Uday Umesh Lalit and Vineet Saran, ruled:

“The controversy raised in the Review Petition was already dealt with in a series of decisions of the High Court. Consistent with said decisions, the certificate issued by Sister Nivedita College, Kolkata before the National Council for Teacher Education Act, 1993 came into effect, was accepted to be a good and valid qualification.”

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The Court found no error apparent on record and dismissed the review petition, stating:

“We have gone through the grounds raised in the Review Petition and do not find any error apparent on record to justify interference in Review Jurisdiction. This Review Petition is, therefore, dismissed.”

Conclusion

This ruling reaffirms the finality of settled legal principles and discourages unnecessary review petitions. It ensures that individuals holding pre-NCTE Act qualifications are not unfairly disqualified from teaching appointments, thereby upholding judicial consistency and fairness in employment policies.

Petitioner Name: State of Jharkhand & Ors..
Respondent Name: Bhagirathi Prasad Dey.
Judgment By: Justice Uday Umesh Lalit, Justice Vineet Saran.
Place Of Incident: Jharkhand.
Judgment Date: 30-11-2021.

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