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PARTHA SARTHY
Manoj Kumar – Appellant
Versus
State of Bihar – Respondent
Partha Sarthy, J.—Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Bihar School Examination Board (herein after referred to as ‘the BSEB’)
2. The petitioners have filed the instant application for following reliefs :—
“1(i) For quashing the order dated 11.6.2020 issued under the signature of respondent Deputy Secretary by which the selection for sixth phase is going on depriving the petitioners even to be considered for that very post although the petitioner are suitable candidates who has completed their B.Ed degree in 2017- 2019.”
“(ii) For issuance of an appropriate writ in the nature of certiorari commanding the respondent authorities to quash the letter contained in Memo no. 2381 dated 27.12.2019 issued under the signature of the respondent Director, Secondary education, Department of Education, Government of Bihar, whereby and where under the petitioners, who qualified for Secondary/Senior Secondary Teacher Eligibility Test (BSITET) 2011 (hereinafter refer to as BSITET) conducted by the respondent Bihar School Examination Board (hereinafter referred as Board), Patna, who could not fulfill the terms and condition of sub clause I
Eligibility criteria for recruitment must acknowledge contemporary qualifications and cannot unjustly disqualify candidates based on outdated standards.
The amendment to the recruitment rules requiring batch recognition from the B.Ed issuance date does not violate constitutional rights and is justified based on the necessity of complete qualification....
The exclusion of two-year B.Ed. holders from recruitment is arbitrary; advertised minimum qualifications must include all eligible candidates, consistent with NCTE regulations.
The court upheld that expired selection panels negate candidates' rights to be considered for appointment, asserting invalid qualifications as per Supreme Court directives.
The judgment clarified the eligibility of B.Ed qualified teachers for primary teaching positions and protected the employment of those appointed before the judgment.
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