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ARUN BHANSALI
Shrawan Godara S/o Ratna Ram – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
1. The present bunch of 09 writ petitions give rise to same issue, therefore, they are being decided by this common order, however, the facts of SBCWP No.4089/2022 : Shrawan Godara & Ors. vs. State of Rajasthan & Ors. are illustratively taken into consideration.
2. These writ petitions have been filed by the petitioners seeking declaration that they are eligible and entitled for appointment as Teacher Gr.III Level I (General Education) on the strength of their two years Diploma in Education (Special Education) subject to undergo, after appointment, in NCTE recognized six months special programme in elementary education.
3. Further, relief has been sought that the conditions prescribed for minimum qualification for Teacher Gr.III Level I (General Education) in advertisement dated 31/12/2021 (Annex.6) and relevant condition of order dated 3/3/2022 (Annex.10) which renders the petitioners ineligible for appointment as Teacher Gr.III Level I (General Education) be declared illegal and contrary to law. Consequential direction has been sought to the respondents not to reject
The NCTE is the only authority authorized to prescribe qualifications for teachers, and its prescribed qualifications must be followed by the State.
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.
(1) A person, to be eligible for appointment as a teacher, must possess such minimum qualifications, as laid down by an academic authority, authorised by Central Government.(2) Government cannot amen....
The court ruled that the retrospective application of new qualification requirements for teachers violates established rights, as teachers appointed before the changes cannot be penalized under newly....
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 mandates that qualifications for special education teachers must align with national standards to ensure inclusive education for differently abled children.
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