The court clarified that the qualifications necessary for appointment as teachers in special education are governed by previous judgments and that Single Benches cannot review Division Bench interpretations.

ORDER :

ANAND SHARMA, J.

1. Learned counsel for the parties are in agreement that the issue involved in these writ petitions are squarely covered by judgment dated 28.11.2025 passed in D.B. Special Appeal (Writ) No. 214/2025 wherein, following directions have been given as under:

"8. We are, however, not in agreement with the submissions raised by the learned Senior Counsel that even a graduate who has not done B.Ed in General Education, but has done Diploma in Special Education would be eligible for appointment as Level- II. The correct interpretation of the letter issued by the RCI to the State Government dated 26.07.2024 has to be read in consonance with the earlier letter dated 10.06.2022 issued by the RCI as quoted in the judgment passed by the learned Single Judge wherein, it has been clearly specified that for the middle stage Class 6 to 8 teachers, the qualifications would be as under:

9. Thus, what is necessary is that a person must possess a B.Ed qualification whether General or Special Education, if he posses B.Ed in Special Education, he need not further have any other requirement, however, he may be B.Ed in General plus he has recognized qualification namely Diploma or Certificate Course in Special Education for the purpose. The letter also reiterates the same, it only it reiterates that the candidate who possesses a Diploma in Education (Special Education B.Ed) would be also eligible for consideration for appointment. It does not in any manner say that the other qualifications would not be looked into. Thus, apart from D.Ed Special Education, the State would also examined whether the candidate possess B.Ed in General or not apart from being graduate.

10. We therefore, conclude that the Sate Government shall now consider all the candidates who have applied for the post who possess B.Ed in General along with Diploma in Special Education as a sufficient qualification for appointment, all such candidates would be considered according to their merit, and be given appointment as soon as possible, preferably, the exercise may be done within a period of two months henceforth.

11. In accordance with the litigation policy, we would advise the State Government to apply this judgment to all the candidates who have applied in stead of forcing them to come for further litigation before this Court, therefore, this judgment shall be applie