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RITU BAHRI, RAKESH THAPLIYAL
State of Uttarakhand – Appellant
Versus
Manoj Kumar – Respondent
JUDGMENT :
(Ritu Bahri, C.J.)
Counsel for the State has referred to the judgment of the Supreme Court dated 11th August, 2023 passed in Civil Appeal No. 5068 of 2023 titled as ‘Devesh Sharma vs. Union of India and others’ and other connected Civil Appeals, where the Supreme Court has held that for the post of Assistant Teacher, Primary Schools, the qualification of B.Ed. should not be made a ground for eligibility for appointment.
2. The above judgment has come in the year 2023 and in the present case, the advertisement for appointment to the post of Assistant Teacher, Primary Schools, in District Haridwar is of 9th July, 2006 and the respondent-writ petitioners in this case were only seeking a direction to the respondents (appellants herein) that they should be appointed as they have already undergone training after selection and this judgment was passed on 28th April, 2022.
3. The only prayer made by the respondent-writ petitioners was that after being selected and after undergoing training, they should be given appointment. The advertisement in the present case is of 9th July, 2006, hence, the aforesaid judgment of the Supreme Court, which was passed in the year 2023, cannot be
The Supreme Court ruled that B.Ed. is not a valid qualification for primary school teachers, affecting eligibility for appointments made after its decision.
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 court ruled that B.Ed. qualifications are insufficient for Teacher appointments in Elementary/Primary Schools, requiring additional credentials per Supreme Court directives.
The judgment clarified the eligibility of B.Ed qualified teachers for primary teaching positions and protected the employment of those appointed before the judgment.
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....
(1) Elementary education has to be of good quality and not just a ritual or formality – A good teacher is first assurance of quality education in a school.(2) NCTE was not justified in including B.Ed....
The main legal point established in the judgment is the importance of maintaining uniformity in the application of recruitment rules and the binding effect of the Hon'ble Supreme Court's decision on ....
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