Candidates With B.Ed. Not Eligible For Primary School Teaching Jobs: Patna High Court
Case: Lalan Kumar Yadav & Ors vs The State of Bihar & Ors
Coram: Chief Justice K. Vinod Chandran and Justice Rajiv Roy
Case No.: Civil Writ Jurisdiction Case No. 5053 of 2021
Court Observation: “The writ petitions are allowed with the finding that the notification dated 28.06.2018, issued by ‘the NCTE’ is no longer applicable and the B.Ed candidates cannot be considered eligible for appointment as primary school teachers.”
“It goes without saying that the appointments made will have to be reworked and the eligible candidates as per the original notification of ‘the NCTE’ of the year 2010 can only be continued in the post to which they have been appointed. The State would also take a decision as to whether the vacant posts falling vacant on such reworking are to be filled up from the merit list available with the State, of the candidates eligible for appointment as primary school teachers,”
“This impliedly indicates the prospective overruling is the contention raised; which we are unable to accept. The above observation was only in the context of the Rajasthan High Court, having set aside the notification dated 28.06.2018; in the operative portion of its judgment held that the State Government could not have ignored the notification of ‘the NCTE’ while issuing the advertisement.”
“The Rajasthan High Court had then clearly stated that since the notification itself was declared illegal the issue was only one of academic value,”
“When the decision did not confer such a benefit to the candidates of the selection which was subjected to challenge therein; there is no question of that being allowed in a selection similarly challenged, which writ petition is being now disposed off in the light of the binding decision of the Hon’ble Supreme Court,”
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