SHER SINGH S/O SHRI MURARI LAL Vs. DINESH SINGH S/O KARAN SINGH
LAWS(RAJ)-2017-4-241
HIGH COURT OF RAJASTHAN
Decided on April 27,2017

Sher Singh S/O Shri Murari Lal Appellant
VERSUS
Dinesh Singh S/O Karan Singh Respondents





Cited Judgements :-

KOMAL PUROHIT AND OTHERS VS. STATE OF RAJASTHAN [LAWS(RAJ)-2018-10-78] [REFERRED TO]
PRIYANKA MENARIA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2019-4-7] [REFERRED TO]


JUDGEMENT

SANJEEV PRAKASH SHARMA,J. - (1.)The DB Special Appeals (Writ) at Item No.1, 3, 4, 5, 6 and 16 arise out of the order dt.07/11/2016 passed by the learned Single Judge while the DB Special Appeals (Writ) at Item No.2, 7 and 15 arise out of the order passed by the learned Single Judge dt.02/11/2016. Apart from above, the DB Civil Writ Petitions at Item No.8, 9, 10, 11, 12, 13 and 14 have been referred by the learned Single Judge to the Division Bench in view of the pendency of the aforesaid DB Special Appeals (Writ) relating to the same question of law as well as with regard to the advertisement and conditions thereto issued by the Director, Elementary Education, Rajasthan, Bikaner dt.06/07/2016 and therefore, all the aforesaid cases have been heard together by this Court individually and are being decided by this common judgment since the issue raised in the said cases is germane.
(2.)Without adverting to facts relating to each appellant/petitioner, the admitted facts, which are relevant, are being noted for the purpose of disposal of all these cases in relation to the two judgments passed by the learned Single Judge.
(3.)The Right of Children to Free and Compulsory Education Act, 2009 (for short, 'Act of 2009') was brought into force after incorporation Article 21-A in the Constitution of India. In terms of sub-section 1 of Section 23 of the Act of 2009 and in pursuance of the notification dt.31/03/2010 issued by the Department of School Education and Literacy, Government of India, the National Council for Teachers Education (for short, 'NCTE') laid down minimum qualifications for a person to be eligible for appointment as Teacher for teaching Class I to VIII in a school referred to in Clause N of Section 2 of the Act of 2009 w.e.f. 23/08/2010.
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