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PANKAJ MITHAL, REKHA BORANA
Usha Kumari D/o Gauri Sahay Yadav – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
Rekha Borana, J.
1. The present are two sets of special appeals arising out two bunch of writ petitions. First set of writ petitions is of the petitioners whose writ petitions had been allowed at Principal Seat, Jodhpur, leading case being S.B. Civil Writ Petition No.17833/2018 (Rajni Vs. State of Rajasthan and Others) decided on 09.12.2019. Other set of writ petitions are those filed by the petitioners, which were dismissed by the Jaipur Bench of this Court, the lead case being S.B. Civil Writ Petition No.23192/2018 (Usha Kumari & Others Vs. State of Rajasthan & Others) decided on 20.01.2020.
2. The first set of special appeals (being SAW Nos.357/20, 477/20, & 98/21) have been preferred by the State against the order whereby the writ petitions of the petitioners therein had been allowed whereas the special appeals (SAW Nos.148/22, 149/22, 150/22 & 151/22) against the second set of writ petitions which were dismissed, have been preferred by the petitioners therein.
3. There is also a special appeal (SAW No.86/20) preferred by the aggrieved persons/private respondents therein who were aggrieved of the judgment passed by the Court at Jaipur Bench while allowing the petitions.
4
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.
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....
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