High Court clarifies B.Ed (Special Education) holders eligible for TGT & PGT posts, bars retrospective disqualification

Delhi High Court

In a ruling with widespread implications for teacher recruitment across India, the Delhi High Court has unequivocally stated that candidates holding a Bachelor of Education (B.Ed) in Special Education are eligible for Trained Graduate Teacher (TGT) and Post Graduate Teacher (PGT) posts for general subjects. The court emphasized that candidates cannot be disqualified after the fact if the recruitment advertisement did not explicitly exclude their qualification.

The judgement was delivered by a bench comprising Justice Navin Chawla and Justice Saurabh Banerjee, which dismissed petitions filed by the Delhi government and the Delhi Subordinate Services Selection Board (DSSSB). The petitioners had challenged orders from the Central Administrative Tribunal (CAT) that had previously deemed such candidates eligible.

The High Court's decision was grounded in several critical factual observations:

No Restriction in Advertisement: The bench examined the relevant recruitment advertisements. It found that the notifications stipulated the requirement of a "degree/diploma in teaching" but nowhere declared a B.Ed (Special Education) degree as an ineligible qualification. The court ruled that since the advertisement contained no explicit restriction, it was impermissible to disqualify candidates holding this degree at a later stage.

Recognition of B.Ed (Special Education) Scope: While the petitioners argued that B.Ed (General) and B.Ed (Special Education) are distinct qualifications, the High Court noted that the latter is not limited solely to teaching positions in special education. The bench referenced a crucial affidavit submitted by the Rehabilitation Council of India (RCI), the statutory body regulating special education training. The RCI affirmed that holders of a B.Ed (Special Education) degree are fully capable of teaching general students in mainstream schools, as their training includes all components of a general B.Ed programme with additional specialized training.

Upholding of CAT Order: The High Court found no legal infirmity in the earlier CAT orders that had ruled in favour of the candidates. The bench accepted the arguments presented by Senior Advocate Anuj Agarwal and his team, who represented the respondent Uma Rani, and consequently dismissed the government's appeals.

This verdict brings much-needed clarity and fairness to the teacher recruitment process. It establishes a clear precedent that recruitment criteria must be transparent and explicitly stated in advertisements, and that authorities cannot apply retrospective eligibility filters that were not originally specified.

The decision is expected to provide significant relief to thousands of teaching candidates across the country who hold a B.Ed (Special Education) degree, affirming their right to be considered for general teaching roles. It also underscores the value of inclusive educational training, recognizing that specialized skills in special education are an asset in mainstream classrooms.