Back
HIGH COURT OF UTTARAKHAND AT NAINITAL
PANKAJ PUROHIT, MANOJ KUMAR TIWARI
Neetu Pathak – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Since common questions of law and fact are involved in these writ petitions, therefore are being taken up together and are being decided by this common judgment. However, for the sake of brevity, facts of Writ Petition (S/S) No.574 of 2019 alone are being considered.
Review Application (MCC/10189/2024) in WPSB/379/2020
Review Application (MCC/9529/2024) in WPSS/574/2019
Review Application (MCC/5110/2024) in WPSS/910/2019
Review Application (MCC/2/2024) in WPSB/430/2021
Review Application (MCC/3/2024) in WPSB/446/2021
2. For the reasons indicated, delay in filing the review applications is condoned. Delay Condonation applications stand disposed of.
3. Writ petitioners have filed these applications seeking review of judgment and order dated 06.12.2023, whereby, the writ petitions filed by petitioners were dismissed by holding that as per the law declared by Hon’ble Apex Court, persons having B.Ed. qualification are no more eligible for appointment as Teacher in Elementary/Primary Schools. Para 5, 6 and 7 of the judgment sought to be reviewed are extracted below:-
“5. It is not in dispute that petitioners in these writ petitions are seeking appointment as Assistant Teacher in Govern
The court ruled that B.Ed. qualifications are insufficient for Teacher appointments in Elementary/Primary Schools, requiring additional credentials per Supreme Court directives.
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 judgment clarified the eligibility of B.Ed qualified teachers for primary teaching positions and protected the employment of those appointed before the judgment.
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 ....
(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 court upheld the withdrawal of the petitioner's appointment as JBT due to her failure to meet the eligibility criteria established by NCTE notifications.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
