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ASHUTOSH KUMAR, HARISH KUMAR
Abhilasha Sinha – Appellant
Versus
State of Bihar – Respondent
Ashutosh Kumar, J. – All the appeals raise a common question of law, based on same set of facts and therefore, they have been dealt with together and a common judgment is being pronounced.
2. We have heard Sri P.K. Sahi, learned Advocate General for the State in one of the appeals, Sri Lalit Kishore, learned Senior Advocate assisted by Sri Sanjay Kumar Pandey, learned Advocate for the BPSC and Sri Vishwajeet Kumar Mishra and Sri Amit Pandey, learned Advocates for the respondents and Sri Sumit Kumar Jha for one of the proposed intervenors, who was permitted to raise the issues during the course of argument even though he had not formally been impleaded as an intervenor party. Sri Prince Kumar Mishra, learned Advocate has appeared for the successful candidates, whose appointment is under cloud because of the judgment under challenge; Sri Manoj Kumar Singh for the Rehabilitation Council of India and Sri Sunil Singh for the NCTE.
3. A batch of writ petitions was heard by the learned Single Judge, the lead case being CWJC No. 15081 of 2018, wherein an issue was raised on behalf of the applicants who had M.Ed. Special Degree, against the decision of not finding them to be having requisite
The NCTE is the only authority authorized to prescribe qualifications for teachers, and its prescribed qualifications must be followed by the State.
Higher qualification like B.Ed. (Special Education) not equivalent to prescribed 2-year Diploma unless expressly declared; eligibility strictly per Recruitment Rules as on cut-off date; courts cannot....
The court established that qualifications recognized by the RCI and NCTE must be honored in recruitment processes for special education teachers, as per the Supreme Court's directives.
The court mandates that qualifications for special education teachers must align with national standards to ensure inclusive education for differently abled children.
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