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2021 Supreme(Raj) 1287

AKIL ABDUL HAMID KURESHI, SUDESH BANSAL
Rajendra Singh Chotiya – Appellant
Versus
National Council For Teachers Education – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vigyan Shah, Harendar Neel, Sarah Sharma, Pragya Setu, Kamlesh Sharma, Pukharaj Chawla, Manoj Bhandari, Aniket Tater, Mohit Choudhary, Nikhil Jain, Kaleem Ahamed Khan, Nishak Madan, Ripudaman Singh, Sushil Bishnoi, Hanuman Singh Choudhary, Babu Lal Bishnoi, R.C. Joshi, Surendra Choudhary, M.S. Godra, Bhawani Singh Ransi, Rajendra Katariya, Sharwan Choudhary, Napur Bhati, Vikram Singh Bhati, Hans Raj Nimbar for Ram Pratap Saini, Meenaxi Arora, Sr. Adv. assisted by Amit Agarwal, Akshit Gupta, Yash Joshi, Naman Whatwani, Radhika Yadav, R.N. Mathur, Sr. Adv. assisted by Raghunandan Sharma, S.K. Shreemali, Abhinav Srivastava and G.R. Punia, Sr. Adv. assisted by Mahaveer Bhanwariya
For the Respondents:M.S. Singhvi, Advocate General assisted by K.S. Lodha, Pankaj Sharma, AAG, Deepak Chandak, AGC, Brajesh Purohit, Dy. G.C., R.D. Rastogi, ASG, Vivek Shrimali, Akshay Bharadwaj, Rakesh Arora, Akhilesh Rajpurohit, Vinod Kumar Gupta, Kailash Jangid, Gaurav Jain and Sheetal Kumbhat

JUDGMENT :

1. These petitions arise out of common background. They have been heard together and are being disposed of by this common judgment.

2. The petitions can be divided into two groups. Civil Writ Petition No. 6587/2021 filed by Mukesh Kumar Royal and others and connected petitions call in question the vires of the notification dated 28.06.2018 issued by the National Council for Teacher Education ('NCTE', for short), by which the B.Ed. degree holders, subject to certain conditions, are made eligible for appointment to the post of primary school teacher grade-III (level-1) (classes-I to V), along with other qualifications already prescribed under its notification dated 23.08.2010 as amended from time to time. The writ petition No. 2108/2021 filed by Sunita and other connected petitions are filed by the B.Ed. degree holders. They support the notification dated 28.06.2018 and have challenged the advertisement issued by the Board of Secondary Education, State of Rajasthan inviting applications for Rajasthan Eligibility Entrance Test ('REET', for short) (level-1) in which the B.Ed. degree holders are excluded.

3. In brief, the controversy revolves around the question whether the NCTE

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