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B. R. GAVAI, AUGUSTINE GEORGE MASIH
Kousik Das – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
B.R. GAVAI, J.
1. Interlocutory Applications No. 214706/2024, 2138/2025, 11267/2025, 11487/2025, 14658/2025, 20935/2025 and 40978/2025 are allowed.
2. Leave granted.
3. The appellants take exception to the final judgment and order dated 24th July 2024 passed by a Division Bench of the High Court at Calcutta in MAT 817 of 2024, whereby the Division Bench of the High Court dismissed the intra-court appeal filed by some of the appellants before this Court thereby affirming the judgment and order dated 29th February 2024 passed by a learned Single Judge of the High Court in W.P.A. No. 16118 of 2023.
4. The facts, in brief, giving rise to the present appeal are as under:
The 18 months D. El. Ed. qualification through NIOS is valid for in-service teachers employed as of 10th August 2017, contrary to the High Court's ruling.
(1) A person, to be eligible for appointment as a teacher, must possess such minimum qualifications, as laid down by an academic authority, authorised by Central Government.(2) Government cannot amen....
The court affirmed that teachers with an 18 months D.El.Ed. qualification from NIOS are eligible for recruitment, clarifying their status under the One Time Scheme for employment opportunities.
The court ruled that the retrospective application of new qualification requirements for teachers violates established rights, as teachers appointed before the changes cannot be penalized under newly....
Regulations governing educational standards are binding, and executive orders cannot alter or override these norms; mere failure to provide equal treatment under an illegal order does not establish a....
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