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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Ravindra Kumar Agrawal, J
Ashokanand Patel S/o Ruplal Patel – Appellant
Versus
State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur, District Raipur (C.G.) – Respondent
Order :
(Ramesh Sinha, C.J.)
1. The petitioners have filed the instant petition challenging the notification dated 05.03.2019, issued by the State Government with respect to the note appended thereto in Annexure-1, thereby the required qualification for the post of Teachers (Agriculture/Music/Tabla) is made not necessary. The present petitioners are aggrieved with respect to the Entry No. 8 of the subjects given in the Annexure- 1, which is the Agriculture subject, and therefore, the petition and the relief claimed in the petition is restricted only to the subject of Agriculture. The petitioners have claimed the following reliefs in their writ petition :
“(i) That, this Hon'ble Court may kindly be pleased to held the note regarding exclusion of B.Ed. for Teacher Agriculture in the Annexure-1 as ultra-vires, in the interest of justice.
(ii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.”
2. The subject matter, in brief, is that the petitioners are graduate in agricultural science and having B.Ed./D.El.Ed. qualification with TET. The State Government has notified the Chhattisgarh School Education Service (Education and Administrati
The qualifications set by the National Council for Teacher Education are mandatory, and states cannot unilaterally relax these requirements without approval.
The court ruled that differing qualifications for promotion and direct recruitment to the same post violate constitutional provisions and NCTE regulations, affirming B.Ed as essential for lecturer ro....
(1) Elementary education has to be of good quality and not just a ritual or formality – A good teacher is first assurance of quality education in a school.(2) NCTE was not justified in including B.Ed....
The central legal point established in the judgment is the binding nature of qualifications prescribed by the NCTE and the illegality of State Government amendments in contravention of statutory prov....
The court established that D.El.Ed. is the sole qualification for primary school teachers, invalidating B.Ed. as a qualification and affirming the prospective application of its ruling.
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