Court holds Madhya Pradesh School Education Service Rules, 2018 arbitrary and mandates supplementary recruitment, allowing candidates with Third Division marksheets to compete under NCTE regulations
Indore, September 1, 2026: In a landmark judgment delivered today, the Madhya Pradesh High Court (Indore Bench) under Justice Milind Ramesh Phadke held that the requirement of a "Second Division" in the Master's degree for eligibility to the post of High School Teacher, as prescribed under the Madhya Pradesh School Education Service (Teaching Cadre) Service Conditions and Recruitment Rules, 2018, is manifestly arbitrary and contrary to the National Council for Teacher Education (NCTE) Regulations. The Court struck down this criterion and directed the State to reconsider the candidature of affected candidates, including the petitioner Mamta Anjana, who was excluded from the recruitment process on the ground of having a Third Division classification in her M.A. marksheet.
The petitioner, Mamta Anjana, had appeared for the High School Teacher Eligibility Examination-2023 and the subsequent High School Teacher Selection Test-2023, achieving 19th rank in the Unreserved Female category and 53rd in the consolidated merit list. Despite these credentials and holding a B.Ed. degree in First Division, her appointment was withheld during document verification due to her Master's marksheet showing 47.62% marks, categorized as Third Division by Devi Ahilya Vishwavidyalaya. The petitioner contended that her marks should be rounded off to 48%, qualifying as Second Division, but the University rejected this claim based on its ordinances.
The Court referred extensively to a recent Division Bench judgment dated March 17, 2025, which examined the same qualification criteria under the Rules of 2018. That judgment highlighted the inconsistency arising from differing university standards for awarding divisions, which led to arbitrary exclusion of candidates. The Division Bench declared the "Second Division" requirement unconstitutional and held that the eligibility must be governed by the NCTE Regulations applicable to Senior Secondary classes, which prescribe either a 50% marks threshold or 45% marks with equivalence, rather than a rigid division classification.
The High Court underscored that the petitioner's exclusion based solely on the Third Division entry, following the now-invalidated Rules of 2018, could not be sustained. It directed the State and concerned authorities to reconsider her candidature and allow her to participate in the supplementary recruitment process mandated by the Division Bench for the 2023 recruitment cycle. The Court clarified that the petitioner's appointment would depend on her merit position and fulfillment of other eligibility conditions under the NCTE framework.
The judgment also emphasized that the supplementary recruitment would not disturb the appointments already made in 2023, and the State could manage appointments by creating supernumerary posts or by adjusting future vacancies. The entire process has been ordered to be completed within three months from the receipt of the certified copy of this order.
This decision is seen as a significant step towards ensuring fairness and uniformity in teacher recruitment in Madhya Pradesh, aligning state rules with central regulatory standards laid down by the NCTE. It provides relief to many candidates who were arbitrarily excluded due to division-based criteria inconsistent across universities.
Bottom Line:
Recruitment Rules - Requirement of Second Division in Master's Degree for eligibility to High School Teacher post held arbitrary - NCTE Regulations to govern the qualification criteria for appointment - Petitioner's candidature to be reconsidered accordingly.
Statutory provision(s):
Madhya Pradesh School Education Service (Teaching Cadre) Service Conditions and Recruitment Rules, 2018; National Council for Teacher Education (NCTE) Regulations, 2014; Article 226 of the Constitution of India
