LALAN KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The writ petitions agitate the issue of consideration of candidates having B.Ed from any National Council of Teacher Education, (hereinafter for short 'NCTE') recognised institution for appointment as Teachers in primary schools holding classes between 1 to 5. The stipulation to entitle B.Ed qualified candidates made applicable for teacher's post in primary schools came by way of a notification issued by 'the NCTE' on 28/6/2018; which has now been set at naught by the Hon'ble Supreme Court in Devesh Sharma vs. Union of India and Ors. 2023 SCC OnLine SC 985.

(2.) The writ petitioners challenged the notification before this Court by the aforesaid petitions of the year 2021. In the meanwhile, a similar challenge raised before the Rajasthan High Court was allowed by judgment dtd. 25/11/2021 rendered by a Division Bench of that Court (produced as Annexure-10 in C.W.J.C. No. 5053 of 2021). It was the said judgment challenged in Special Leave Petition, which resulted in the decision in Devesh Sharma (supra).

(3.) In the above writ petitions, by order no.3 dtd. 16/7/2021, a Division Bench of this Court permitted the respondents to carry on with the process of selection and appointment during the pendency of the writ petition but made it subject to the outcome of the writ petition and also stipulated that the candidates selected and appointed shall be made aware of the pendency of the writ petition.