Supreme Court of India · 2017-07-25
State Of U.P vs Shiv Kumar Pathak
- Citation / case number
- AIR 2017 SUPREME COURT 3612
- Court
- Supreme Court of India
- Petitioner
- State Of U.P
- Respondent
- Shiv Kumar Pathak
- Author
- Adarsh Kumar Goel
- Bench
- Uday Umesh Lalit, Adarsh Kumar Goel
Judgment text excerpt
The Supreme Court addressed the validity of the Uttar Pradesh government's qualifications for teacher recruitment, which conflicted with the National Council for Teachers Education (NCTE) guidelines under Section 12(d) and Section 12A of the NCTE Act, 1993, and Section 23 of the Right of Children to Free and Compulsory Education Act, 2009. The Court held that state laws cannot deviate from central guidelines in matters of concurrent jurisdiction, affirming the supremacy of the NCTE's qualifications. Consequently, the Court quashed the amendments made to the U.P. Basic Education (Teachers) Service Rules, 1981, which were inconsistent with the NCTE guidelines.