The inclusion of B.Ed. as eligibility for primary level teacher posts is illegal and undermines educational quality, necessitating the prioritization of D.El.Ed qualifications under the Right to Education Act.

ORDER :

Ramesh Sinha, CJ.

1. Since the identical facts and law are involved in these three writ petitions i.e. WP (S) Nos. 3541 of 2023, 5788 of 2023 and 7344 of 2023 all these cases have been heard jointly and are being disposed off by this common order.

2. Writ Petition Nos.3541 of 2023 and 7344 of 2023 have been filed by the petitioners with the following prayers:

“10.1 That, this Hon'ble Court may kindly be pleased to struck down the impugned notification dated 04.05.2023 issued by the Under Secretary, School Education Department State of Chhattisgarh (Annexure P/1) for being arbitrary, illegal, ultra virus and unconstitutional;

10.2 That this Hon'ble Court may kindly be pleased to struck down the impugned Annexure-I of the Scheduled - III of the Chhattisgarh School Education Services (Education Administrative Cadre) Recruitment and Promotion Rules, 2019 (ANNEXURE P/1) for being arbitrary, illegal, ultra virus and unconstitutional;

10.3 That, this Hon'ble Court may kindly be pleased to set aside/quashed the advertisement dated 04.05.2023 to the extent it allows the candidates possessing qualification B.Ed. holders have been declared eligible for the post of primary level teachers (I-V) to participate in it in pursuant to the impugned notification dated 04.05.2023;

10.4 That, this Hon'ble Court may kindly be pleased to struck down the impugned notification dated 28.06.2018 issued by the NCTE (Annexure P/3) for being arbitrary, illegal, ultra virus and unconstitutional;

10.5 That, this Hon'ble Court may kindly be pleased to call the entire record of minutes and proceedings leading to passing of the impugned notification dated 28.06.2018;

10.6 That, this Hon'ble Court may kindly be pleased to allow the instant petition and allow the only the D.El.Ed. Diploma Holder candidates to be eligible for the post of the Assistant Teacher as was prevalent prior of passing of the impugned notification dated 28.06.2018;

10.7 That, this Hon'ble Court may kindly be pleased to direct the respondent to not to treat B.Ed. candidates as eligible for the post of primary level teacher in the advertisement dated 04.05.2023;

10.8 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.”

3. Writ Petition No.3541 of 2023 has been filed by the petitioner with the following prayers:-

“10.1 That, this Hon’ble Court may kindly be pleased to struck down the impugned notification dated 04.05.2023 issued by the Under Secretary, School Education Department State of Chhattisgarh (Annexure P/1) for being arbitrary, illegal, ultra virus and unconstitutional;

10.2 That, this Hon’ble may kindly be pleased to struck down the impugned Annexure-I of the scheduled-III of the chhattisgarh School Education Services (Education Administrative Cadre) Recruitment and Promotion Rules. 2019 (Annexxure P/1) for being arbitrary, illegal, ultra virus and unconstitutional;

10.3 That, this Hon’ble Court may kinldy be pleased to set aside/quashed the advertisement dated 04.05.2023 to the extent it allows the candidates possessing qualification B.Ed. Holders have been declared eligible for the post of primary level teachers (I-V) to participate in it in pursuant to the impugned notification dated 04.05.2023;

10.4 That, this Hon’ble Court may kindly be pleased to struck down the impugned notification dated 28.06.2018 issued by the NCTE (Annexure P/3) for be