ASHUTOSH KUMAR
Preeti Priya, Wife of Sri Devendra Kumar Singh, Daughter of Deo Lal Singh – Appellant
Versus
State of Bihar the Chief Secretary Government of Bihar New Secretariat Patna – Respondent
JUDGMENT :
All these writ petitions have been heard together and a composite order is being passed.
2. The petitioners in C.W.J.C. No. 1987/2020 (Preeti Priya and 120 others) had initially challenged the letter contained in memo no. 2381 dated 27.12.2019 issued under the signature of the Director, Secondary Education, Department of Education, Govt. of Bihar which inter alia directed all the then Executive Officers-cum-Deputy Development Commissioners and other authorities for not considering the persons for appointment as secondary and senior secondary school teachers who have not passed/obtained the B.Ed. Degree within five years of the publication of result of secondary/senior secondary teachers eligibility test 2011 (hereinafter referred to as ‘BSTIET’) conducted by the Bihar School Examination Board (hereinafter referred to as ‘Board’) for the reason that the guidelines of BSITET, 2011 clearly stipulated that a person would become eligible for such employment only when one year B.Ed. degree is obtained within five years of BSITET, 2011 result.
3. During the pendency of these writ applications, the grievance of some of the petitioners was redressed by way of a Govt. circular allowi
A.A. Calton Vs. The Director of Education and Ors.; AIR 1983 SC 1143
Bedanga Talukdar vs. Saifudaullah Khan & Ors.; 2011 (12) SCC 85
The exclusion of two-year B.Ed. holders from recruitment is arbitrary; advertised minimum qualifications must include all eligible candidates, consistent with NCTE regulations.
Though the rejection of the candidatures of the petitioners appear to be on the ground of not acquiring the TET qualification within a particular age, it is an admitted fact that all the petitioners ....
Candidates pursuing teacher training courses are eligible for the Teacher Eligibility Test, regardless of their year of study, as clarified by the Supreme Court and NCTE.
Identical candidates holding Dip Ed qualifications from 2008 are entitled to age relaxation in recruitment processes, as consistent with judicial precedents supporting equal treatment under the law.
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