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2022 Supreme(HP) 492

TARLOK SINGH CHAUHAN, VIRENDER SINGH
Satish Kumar Son Of Sh. Desh Raj – Appellant
Versus
State Of Himachal Pradesh Through Its Principal Secretary – Respondent


Advocate Appeared:
For the Appellant :Mr. Devender K. Sharma, MR. BHUVNESH SHARMA, Mr. RAMAKANT SHARMA AND MR. ADARSH K. VASHISTA, ADVOCATES
For the Respondent:MR. ASHOK SHARMA, MR. VINOD THAKUR, MR. YUDHBIR SINGH THAKUR, MR. RAJAT CHAUHAN, MR. B.NANDAN VASHISTH, ADVOCATE, MR. SURENDER KUMAR SHARMA, MR. NEERAJ KUMAR SHASHWAT, MR. VISHWA BHUSHAN, MR.AJEET SINGH SAKLANI, MR. MUKESH SHARMA, MR. ANIL BANSAL, AND MR. SANDEEP CHAUHAN, ADVOCATES, MR. ANGREZ KAPOOR AND MR. SANJEEV KUMAR MOTTA, ADVOCATES

ORDER :

Since, identical question of facts and law arises for consideration in these petitions, therefore, they were taken up together for hearing and are being disposed of by a common judgment.

2. The petitioners have qualified B.Ed. and have sought a direction to the respondents to fill-up the posts of “Shastri Teachers” strictly in accordance with the norms as laid down by the National Council for Teacher Education (NCTE) in its Notification dated 29.07.2011 and not on the basis of the Notification issued by the State Government on 29.09.2020 which, according to them, is in violation of the instructions of the NCTE.

3. The State which had earlier conceded to the claim of the petitioners has now opposed the same on the basis of the records produced by the NCTE relating to the issuance of the Notification dated 29.07.2011.

4. It is now averred that the Notification dated 29.07.2011 issued by the NCTE is de hors the provisions of the Right of Children to Free and Compulsory Education Act, 2009, (for short “RTE Act”),more particularly, Section 23 thereof and, therefore, not binding on the State Government.

5. It is averred that the Ministry of Human Resource Development (MHRD) (Developme

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