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S. N. PATHAK
Gopal Shankar Pandey, son of Sri Srideo Pandey – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
S.N.Pathak, J.
Heard the parties.
2. Since the issues involved in all these writ petitions are same and identical, they have been heard together and disposed of by this common order.
3. Petitioner in W.P.(S). Nos. 13 of 2020 and 14 of 2020 has prayed for quashing the order contained in memo No. 6097 dated 29.11.2019 (Annexure-5) issued by respondent No.5 whereby it has been communicated that the recommendation for appointment made in favour of the petitioner has been cancelled on the ground that the degree of B.Ed. Special Education from Banaras Hindu University is not recognized for purpose of appointment in Government School, College or added Government Institution in view of the letter of NCTE, New Delhi letter No. 77806, dated 25.04.2019, because there is no such content in the letter of NCTE, New Delhi.
Similarly, petitioners in W.P.(S). No. 2287 of 2019 prayed for quashing the Important Notice No. 3345 dated 29.04.2019 (Annexure-18) and letter No. 3554 dated 24.04.2019 (Annexure-10) whereby candidatures of the petitioners have been rejected.
4. Petitioners having the requisite qualifications, applied for appointment as Assistant Teacher in the district of Deoghar. It is
Recognition of educational qualifications by NCTE and RCI is binding, and cancellation of appointments based on unsubstantiated claims is unlawful.
The main legal point established in the judgment is that a petitioner who has taken due permission for pursuing additional education while working and has not received any benefits during that period....
Eligibility criteria for promotion must be met, and invalid qualifications disqualify candidates from holding positions, even on an ad hoc basis.
The central legal point established in the judgment is the interpretation of Section 14 of the NCTE Act and the validity of B.Ed. degrees obtained from an institute prior to its recognition by the NC....
The court established that D.El.Ed. is the sole qualification for primary school teachers, invalidating B.Ed. as a qualification and affirming the prospective application of its ruling.
The main legal point established in the judgment is that a B.Ed. degree obtained from an institution, even if unrecognized, would be valid if the course was undertaken in the given year when the reco....
Point of law : Court cannot substitute the statutory qualification, which is not otherwise provided under the relevant provisions, which prescribe the essential qualification for appointment to the p....
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