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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

Table of Content
1. petitioners' qualifications and requests. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. controversy over ncte authority. (Para 8 , 27 , 28 , 30 , 31)
3. significance of rte act. (Para 9 , 10 , 11 , 12)
4. ncte regulates minimum qualifications. (Para 15 , 23 , 35 , 41)
5. scope of mhrd's authority. (Para 38 , 40 , 46)
6. ncte's independence in qualification prescriptions. (Para 54 , 56)
7. conclusion of the judgment. (Para 64)

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 re

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