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2020 Supreme(Pat) 729

PRABHAT KUMAR JHA
Sanjay Kumar Yadav – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: M/s Y.V. Giri, Sr. Adv., Pranav Kumar (in 19842); M/s Mrigank Mauli, Prince Kumar Mishra (in 19955); Samir Kumar (in 20005); Manoj Kumar Manoj (in 20847); Sushanta Kumar Das (in 21465); Bimlesh Kumar Pandey (in 21682); Uma Shankar Sharma (in 23584)
For the Respondents: M/s Kameshwar Kumar (Gp17) (in 19842, 19955); Subhash Chandra Mishra (Sc16) (in 20005, 21465, 21682); Smt. Binita Singh (Sc28) (in 20847); Madanjeet Kumar (Gp20) (in 23584).
For NCTE : Mr. P.K. Shahi, Sr. Adv., (in all).

Prabhat Kumar Jha, J. – Heard Mr. Y.V. Giri, learned Senior counsel for the petitioners, learned counsel for the State as well as Mr. P.K. Shahi, learned Senior counsel appearing on behalf of the NCTE.

2. The petitioners seek following reliefs: –

“(i) To issue an appropriate writ order direction in the nature of certiorari for quashing the letter no. 7/Misc.-25/2019/1188 dated 11.09.2019 issued under the signature of the Director, Primary Education, Bihar where-under it was mentioned that certificates of the teachers/candidates working in Government/ Government aided / private unaided schools who have completed D.El.Ed. Training through National Institute of Open Schooling (NIOS) during their service, will not be valid/ considered for selection of primary teachers in the Government of Bihar on the basis of the letter no. NCTE-Reg 1011/166/2017- US(Regulation)-HQ/81645 dated 06.09.2019 (Annexure-11 pg. 207).

(ii) To issue an appropriate writ order direction in the nature of certiorari for quashing the letter no. NCTC-Reg1011/166/2017-US(Regulation)- HQ/81645 dated 06.09.2019 where-under upon the clarification sought by the Additional Chief Secretary, Education Department, Bihar the Na

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