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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MAHESH CHANDRA TRIPATHI, KUNAL RAVI SINGH
State of U.P. through Secretary, Department of Basic Education, Government of U.P. Lucknow – Appellant
Versus
Sakshi – Respondent
| Table of Content |
|---|
| 1. hearing and appeals consolidation. (Para 1 , 2) |
| 2. students' entitlements and appeal rationale. (Para 4 , 5 , 6 , 8) |
| 3. appellants' arguments against single judge's ruling. (Para 9 , 10) |
| 4. legislative background and authority of ncte. (Para 11 , 12 , 21) |
| 5. article 14 protections and limitations. (Para 42 , 44) |
| 6. summary of judiciary's findings. (Para 48 , 49 , 50 , 51) |
| 7. final decision and orders concerning appeals. (Para 56) |
JUDGMENT :
[1] Heard Sri Anoop Trivedi, learned Additional Advocate General assisted by Sri Ratan Deep Mishra for the State-appellants and Sri Ravindra Singh and Sri Kauntey Singh, learned counsels for the respondents-petitioners.
[2] The present Special Appeal along with other connected appeals arise out of the same controversy and as the facts and controversy are the same, they are being decided by a common judgment. For the purpose of deciding these appeals, the facts of Special Appeal No.191 of 2026 (State of U.P. and 32 others Vs. Sakshi and 77 others) are being treated as the leading case.
[3] In all the connected Special Appeals the appellants have asked for the following reliefs:
| Sl. | Petition number & parties' name | Relief claimed |
|---|---|---|
| 1. | SPLA- 191 o | |
Regulations governing educational standards are binding, and executive orders cannot alter or override these norms; mere failure to provide equal treatment under an illegal order does not establish a....
(1) A person, to be eligible for appointment as a teacher, must possess such minimum qualifications, as laid down by an academic authority, authorised by Central Government.(2) Government cannot amen....
The central legal point established in the judgment is the binding nature of qualifications prescribed by the NCTE and the illegality of State Government amendments in contravention of statutory prov....
Point of law: Criteria for admission - Minimum age - Prescription of minimum age of 18 years as on 1st of July for admission to the Diploma in Elementary education is additional eligibility criteria ....
The NCTE has the authority to decide on applications for recognition, and the State's recommendations are not binding. Regulation 12 of the NCTE Regulations can be invoked to alleviate hardship cause....
The 18 months D. El. Ed. qualification through NIOS is valid for in-service teachers employed as of 10th August 2017, contrary to the High Court's ruling.
The state can prescribe additional qualifications for teacher recruitment without violating central educational standards.
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