Harwinder Singh and Ors v. State of Punjab and Others

IN T

1. CWP-154

Harwinder Sing

State of Punjab

2. CWP-100

Harpreet Singh

State of Punjab

3. CWP-121

Sarabjot Singh a

State of Punjab

4. CWP-145

Harpreet Singh

State of Punjab

5. CWP-146

Riya and Others

State of Punjab

THE HIGH COURT OF PUNJ AT CHANDIGA

Reserved Pronounc

486-2021 h and Others

Versus and others

03-2022 and Others

Versus and others

19-2022 and Others

Versus and others

542-2023 and Others

Versus and others

63-2022 s

Versus and others

JAB AND HARYANA ARH d on :- 18.07.2024 ced on :- 31.07.2024

...Petitioners

...Respondents

...Petitioners

...Respondents

...Petitioners

...Respondents

...Petitioners

...Respondents

...Petitioners

...Respondents

6. CWP-154

Bhawandeep Sin

State of Punjab

7. CWP-156

Anju Bala and O

State of Punjab

8. CWP-162

Manisha Sharma

State of Punjab

9. CWP-163

Shivani Bansal a

State of Punjab

10. CWP-164

Simran Sethi an

State of Punjab

495-2021 ngh and Others

Versus and others

674-2021 Others

Versus and others

213-2021 a and Others

Versus and others

375-2021 and Others

Versus and others

4-2022 nd Others

Versus and others

...Petitioners

...Respondents

...Petitioners

...Respondents

....Petitioners

....Respondents

....Petitioners

...Respondents

....Petitioners

...Respondents

11. CWP-164

Ramandeep Kum

State of Punjab

12. CWP-165

Amandeep Kaur

State of Punjab

13. CWP-166

Pawan Kumar a

State of Punjab

14. CWP-168

Narinder Kumar

State of Punjab

15. CWP-168

Khushdeep Pal S

State of Punjab

410-2021 mar and Others

Versus and others

513-2021 r and Others

Versus and others

631-2021 and Others

Versus and others

874-2021 r and Others

Versus and others

875-2021 Singh and Others

Versus and others

....Petitioners

...Respondents

....Petitioners

...Respondents

....Petitioners

...Respondents

....Petitioners

...Respondents

....Petitioners

...Respondents

16. CWP-169

Gaurav Singla a

State of Punjab

17. CWP-171

Malkeet Singh a

State of Punjab

18. CWP-173

Lekha Singh and

State of Punjab

19. CWP-173

Priyanka Kambo

State of Punjab

20. CWP-174

Balkaur Singh a

State of Punjab

21. CWP-174

Sapna Gupta an

963-2021 and Others

Versus and others

132-2021 and Others

Versus and others

342-2021 d Others

Versus and others

384-2021 oj and Others

Versus and others

470-2021 and Others

Versus and others

477-2021 d Others

....Petitioners

...Respondents

....Petitioners

...Respondents

....Petitioners

...Respondents

....Petitioners

...Respondents

....Petitioners

...Respondents

....Petitioners

State of Punjab

22. CWP-175

Saroj Rani and O

State of Punjab

23. CWP-175

Shelly Sharma a

State of Punjab

24. CWP-176

Kirna Rani and

State of Punjab

25. CWP-177

Surinder Pal and

State of Punjab

26. CWP-179

Rajan Singh Thi

State of Punjab

27. CWP-179

Versus and others

589-2021 Others

Versus and others

599-2021 and Others

Versus and others

653-2021 Others

Versus and others

740-2021 (O&M) d Others

Versus and others

919-2021 ind and Others

Versus and others

924-2021

...Respondents

....Petitioners

...Respondents

....Petitioners

...Respondents

....Petitioners

...Respondents

....Petitioners

...Respondents

....Petitioners

...Respondents

Reenu and Othe

State of Punjab

28. CWP-179

Saranjot Kaur an

State of Punjab

29. CWP-179

Eshver Singh an

State of Punjab

30. CWP-179

Navjot Sidhu an

State of Punjab

31. CWP-180

Kewal Krishan a

State of Punjab

32. CWP-180

Jagjeet Singh an

State of Punjab

33. CWP-180

ers

Versus and others

927-2021 nd Others

Versus and others

929-2021 nd Others

Versus and others

952-2021 nd Others

Versus and others

038-2021 and Others

Versus and others

044-2021 nd Others

Versus and others

045-2021

....Petitioners

...Respondents

....Petitioners

...Respondents ....Petitioners

...Respondents ....Petitioners

...Respondents

....Petitioners

...Respondents ....Petitioners

...Respondents

Reema and Othe

State of Punjab

34. CWP-180

Mamta Rani and

State of Punjab

35. CWP-180

Aruna Devi

State of Punjab

36. CWP-180

Surinder Kumar

State of Punjab

37. CWP-180

Ajay Kumar Pat

State of Punjab

38. CWP-180

Shubham Chaud

State of Punjab

39. CWP-181

Kuldeep Singh a

ers

Versus and others

046-2021 d Others

Versus and others

049-2021

Versus and others

051-2021 r and others

Versus and others

071-2021 tial

Versus and others

072-2021 dhary and Others

Versus and others

178-2021 and Others

....Petitioners

...Respondents

....Petitioners

...Respondents

....Petitioner

...Respondents

....Petitioner

...Respondents

....Petitioners

...Respondents

....Petitioners

...Respondents ....Petitioners

State of Punjab

40. CWP-182

Gagandeep Kau

State of Punjab

41. CWP-182

Amanpreet Sing

State of Punjab

42. CWP-183

Jaswinder Singh

State of Punjab

43. CWP-183

Sukhpreet Kaur

State of Punjab

44. CWP-183

Onkar Singh Ka

State of Punjab

45. CWP-183

Versus and others

202-2021 ur and Others

Versus and others

204-2021 gh and Others

Versus and others

324-2021 h and Others

Versus and others

345-2021 and Others

Versus and others

358-2021 amboj and Others

Versus and others

379-2021

...Respondents ....Petitioners

...Respondents

....Petitioners

...Respondents ....Petitioners

...Respondents ....Petitioners

...Respondents

....Petitioners

...Respondents

Neelam Kumari

State of Punjab

46. CWP-183

Simran Rani and

State of Punjab

47. CWP-184

Beant Singh and

State of Punjab

48. CWP-184

Richa Garg and

State of Punjab

49. CWP-191

Simran and Ano

State of Punjab

50. CWP-193

Sandeep Kaur

State of Punjab

51. CWP-194

i and Another

Versus and others

383-2021 d Others

Versus and others

455-2021 d Others

Versus and others

456-2021 Others

Versus and others

160-2021 other

Versus and others

371-2021

Versus and others

431-2021

....Petitioners

...Respondents ....Petitioners

...Respondents ....Petitioners

...Respondents ....Petitioners

...Respondents ....Petitioners

...Respondents ....Petitioner

...Respondents

Gurmeet Singh

State of Punjab

52. CWP-195

Narinder Singh

State of Punjab

53. CWP-183

Prince and other

State of Punjab

54. CWP-192

Amandeep Sing

State of Punjab

55. CWP-192

Priyanka Rani a

State of Punjab

56. CWP-193

Ramandeep Sing

State of Punjab

and others

Versus and others

551-2021 and others

Versus and others

375-2021 rs

Versus and others

253-2021 gh and others

Versus and others

293-2021 and others

Versus and others

327-2021 gh and others

Versus and others

....Petitioners

...Respondents ....Petitioners

...Respondents

....Petitioners

...Respondents ....Petitioners

...Respondents ....Petitioners

...Respondents

....Petitioners

...Respondents

57. CWP-208

Amandeep Kaur

State of Punjab

58. CWP-209

Swaranjit Singh

State of Punjab

59. CWP-210

Rahul Kataria an

State of Punjab

60. CWP-220

Manjeet Kaur

State of Punjab

61. CWP-220

Buta Singh and

State of Punjab

62. CWP-222

Shiv Kumar Kai

State of Punjab

63. CWP-224

807-2021 r and Another

Versus and others

960-2021 (O&M) h and Others

Versus and others

092-2021 (O&M) nd Others

Versus and others

097-2021

Versus and others

099-2021 Another

Versus and others

228-2021 inth and Others

Versus and others

444-2021

....Petitioners

...Respondents

....Petitioners

...Respondents

....Petitioners

...Respondents

....Petitioner

...Respondents

....Petitioners

...Respondents

....Petitioners

...Respondents

Jasneet Kaur an

State of Punjab

64. CWP-228

Mandeep Singh

State of Punjab

65. CWP-231

Mishali Singla

State of Punjab

66. CWP-237

Sukhbir Kaur

State of Punjab

67. CWP-255

Jobanpreet Sing

State of Punjab

68. CWP-257

Sunil Kumar Ga

State of Punjab

d Others

Versus and others

860-2021 and Others

Versus and others

118-2021

Versus and others

784-2021

Versus and others

514-2022 gh and Others

Versus and others

745-2022 arg and Others

Versus and others

....Petitioners

...Respondents

....Petitioners

...Respondents

....Petitioner

...Respondents

....Petitioner

...Respondents

....Petitioners

...Respondents

....Petitioners

...Respondents

69. CWP-257

Kamalpreet Kau

State of Punjab

70. CWP-277

Vikram Kumar

State of Punjab

71. CWP-282

Mukesh Kumar

State of Punjab

72. CWP-589

Deep Jyoti and

State of Punjab

73. CWP-771

Jatinder Singh

State of Punjab

74. CWP-217

Ritu and Others

757-2021 ur

Versus and others

794-2022

Versus and others

25-2022

Versus and others

9-2022 Others

Versus and others

1-2022

Versus and others

76-2024

Versus

....Petitioner

...Respondents

....Petitioner

...Respondents

....Petitioner

...Respondents

....Petitioners

...Respondents

....Petitioner

...Respondents

....Petitioners

State of Punjab

CORAM : HO HO

Present:- For

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SUDEEPTI SH

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and others

ON'BLE MR. JUSTICE SURE ON'BLE MRS. JUSTICE SUD r the Petitioners r. Rajiv Atma Ram, Sr. Advocate r. Brijesh Khosla, Mr. H.S. Saini r. G.S. Nahel, Mr. Peeush Gagnej r. Pardeep Singh Mirpur, Mr. H.S . Shadab Ahmad, Mr. Pankaj Ga r. Abhished K. Premi, Advocates r. R.S.Bains, Sr. Advocate with s. Aarushi Garg, Advocate CWP No. 15486-2021 and 25514 r the respondents s. Anu Chatrath, Addl. A.G. Punj r. Maninder Singh, Sr. DAG, Pun r. S.P. Jain, Addl. Solicitor Gener r. Arun Gosain, Sr. Government the respondent-UOI. r. Amit Jhanji, Sr. Advocate with r. H.S. Sidhu, Advocate respondent Nos. 4 to 16 r. J.S. Gill, Advocate the petitioners in CWP No. 154 d for respondent Nos. 22 to 95 in r. Arjun Shukla, Advocate for res s. Gursimran Kaur, Advocate the respondent-NCTE.

HARMA, J. HALLENGE MADE IN ALL T

...Respondents ESHWAR THAKUR EEPTI SHARMA e assisted by , Mr. Vikas Chatrath, ja, Mr. Ankit Kumar Garg, S.Saini, Mr. S.S. Saini, arg, Mr. Gurpreet Jayia, s. 4-2022 jab njab ral of India with Counsel h 86-2021 n CWP No. 17740-2021 spondent No.12. THE WRIT PETITIONS

Pet issuance of a w Elementary Edu Rules, 2021 (

30.07.2021 (An notification dat view of the settl 2017 (3) SCT 7 the criteria in th Rules by provid criteria for selec the advertiseme settled position It i directing the St qualifications as P-3) as eligible when the depar Cadre) Group-C qualification as effect that NCT the State and sa stands recognize It is ahead with sel

ition under Articles 226/227 writ in the nature of Certiora ucation (Teaching Cadre) Gro (Annexure P-4) alongwith co nnexure P-7), since the ame ed 28.06.2018 (Annexure P-3) led law, State of U.P. and others 04 (SC) decided on 25.07.2017 he impugned advertisement wh ding marks for Graduation as pe ction is marks obtained in the w ent contrary to the statutory ru of law. s further prayed that a writ in t tate-respondents to hold the ca s laid down by the NCTE notific for the selection and appointme rtment in terms of Punjab State C Service Rules, 2018 (Annexur valid and recognized and also i TE being Central Act, its notifica ame cannot be against the same ed, the same cannot be varied. s further prayed that the respond ection and appointment proces

of the Constitution of India ari for quashing the Punjab St oup-C Service (First Amendme onsequential Advertisement da endment is in breach of NC ), same cannot sustain, especia Vs. Shiv Kumar Pathak and oth (Annexure P-11) and also to qu hich is in the teeth of the statut er division, whereas under rules written examination, any criteria ules cannot sustain in view of the nature of Mandamus be issu andidates possessing the minim cation dated 26.06.2018 (Annex ent for the post of ETT, especia e Elementary Education (Teach re P-2) had duly accepted the s in view of the law laid down to ations will have binding effect o e and further once the qualificat dent-State be restrained from go ss in pursuance to the impugn

for tate ent) ated CTE ally ers, uash tory a in ued mum xure ally hing said over tion oing

advertisement d Impugned Rule and factual pos issued by NCTE the statutory ru petitioners be al writ petition. CWP-1003-202

The India, for issua Certiorari for qu Group-C Servic consequential amendment is in the same cannot others vs. Shiv

25.07.2017 (An advertisement w graduation as pe obtained in the the statutory rul It i directing the St qualifications as for the selectio

dated 30.07.2021 (Annexure P s dated 27.07.2021 (Annexure P ition especially the notification E and law, furthermore, the crite ules which cannot sustain, al llowed to submit their applicatio e present petition under Article ance of any writ, direction or uashing the Punjab State Eleme ce (First Amendment) Rules, 2 advertisement dated 30.07.20 n breach of NCTE notification t sustain, especially in view of t Kumar Pathak and others 20 nnexure P-11), and also to qu which is in the teeth of the statu er division, whereas under rules written examination, any criter es cannot sustain in view of the s further prayed that a writ in t tate-respondent to hold the can s laid down by the NCTE notif on and appointment for the p

P-7), issued in pursuance to P-4), since are contrary to the l dated 28.06.2018 (Annexure P eria in the advertisement is agai ternatively, it is prayed that on forms during the pendency of es 226/227 of the Constitution order especially in the nature entary Education (Teaching Cad 2021 (Annexure P-4), along w 021 (Annexure P-7), since dated 28.06.2018 (Annexure P the settled law in State of U.P. a 17 (3) SCT 704 (SC) decided uash the criteria in the impugn utory rules by providing marks s the criteria for selection is ma ria in the advertisement contrary settled position of law. the nature of Mandamus be issu ndidates possessing the minim fication (Annexure P-3), as eligi ost of ETT, especially when

law P-3) inst n of e of dre), with -3), and on ned. for arks y to ued mum

department in t Group-C Servi qualification as effect that NCT the State and sa stands recognize It is ahead with sele advertisement d impugned rules factual position issued by the N against the statu CWP-1219-202 Civ for issuance of Elementary Edu Rules, 2021 (

30.07.2021 (An dated 28.06.201 settled law in " SCT 704" (Ann advertisement w marks for Gradu

terms of Punjab State Elemen ce Rules, 2018 (Annexure P valid and recognized and also i TE being Central Act, its notifica ame cannot be against the same ed, the same cannot be varied. s further prayed that the respond ection and appointment proces dated 30.07.2021 (Annexure P dated 27.07.2021 (Annexure P-4 n especially the notification d NCTE and law, furthermore, th utory rules which cannot sustain, vil Writ Petition under Articles 2 a writ in the nature of Certior ucation (Teaching Cadre) Gro (Annexure P-6) alongwith co nnexure P-9), since amendment 18 (Annexure P-5), same cannot State of U.P. and others Shiv K nexure P-13) and furthermore which is in complete abrogation uation asper division, whereas u

ntary Education (Teaching Cad P-2) had duly accepted the s in view of the law laid down to ations will have binding effect o e and further once the qualificat dent-State be restrained from go ss in pursuance of the impugn P-7), issued in pursuance to 4) since are contrary to the law a dated 28.06.2018 (Annexure P he criteria in the advertisement alternatively.

226/227 of the Constitution of In rari for quashing the Punjab St oup-C Service (First Amendme onsequential Advertisement da is in breach of NCTE notificat t sustain, especially in view of Kumar Pathak and others; 2017 to quash criteria in the impugn of the statutory Rules by provid under rules the criteria for select

dre), said over tion oing ned and -3), t is ndia tate ent) ated tion

(3) ned ding

is marks obtain contrary to the s Fur directing the St qualifications as P-5) as eligible the department Group-C Servi qualification as effect that NCT the State and sa stands recognize Fur going ahead wit advertisement d Impugned Rule and factual pos issued by NCTE the statutory rul CWP-14542-20 Issu State Elementar Rules 2021 (AN

30.07.2021 (AN

ned in the written examination, statutory rules cannot sustain in v rthermore, it is prayed that a w tate-respondents to hold the ca s laid down by the NCTE notific for selection and appointment fo in terms of Punjab State Eleme ce Rules, 2018 (Annexure P valid and recognized and also TE being Central Act, its notifica ame cannot be against the same ed, the same cannot be varied; rthermore, it is prayed that the r th selection and appointment pro dated 30.07.2021 (Annexure P s dated 27.07.2021 (Annexure P ition especially the notification E and law, furthermore, the crite es which cannot sustain in the ey uance of a writ in the nature of ry Education (Teaching Cadre) G NNEXURE P-4) along with c NNEXURE P-7).

, any criteria in the advertisem view of the settled position of law writ in nature Mandamus be issu andidates possessing the minim cation dated 26.06.2018 (Annex or the post of ETT, especially wh entary Education (Teaching Cad P-4) had duly accepted the s o in view of law laid down to ations will have binding effect o e and further once the qualificat respondent-State be restrained fr ocess in pursuance to the Impugn P-9), issued in pursuance to P-6), since are contrary to the l dated 28.06.2018 (Annexure P eria in the advertisement is agai yes of law. f Certiorari for quashing the Pun Group C Service First Amendm consequential Advertisement da

ment w; ued mum xure hen dre) said over tion rom ned law P-5) inst njab ment

The the department Group C Service CWP-1463-202

Civ for issuance of Elementary Edu Rules, 2021 (An P-1), since the (Annexure P-3) impugned adver marks for Gradu is, marks obtain contrary to the s It i directing the St qualifications as P-3) as eligible when the depar Cadre) Group - qualification as effect that NCT the State and sa stands recognize

e selection and appointment for in terms of Punjab State Elem e Rules 2018 (ANNEXURE P-2 vil Writ Petition under Articles 2 a writ in the nature of Certior ucation (Teaching Cadre) Grou nnexure P-4) along with an 30. amendment is against the NC ), same cannot be sustained, an rtisement which is in the teeth o uation as per division, whereas u ned in the written examination statutory rules cannot sustain in v s further prayed that a writ in t tate-respondent to hold the can s laid down by the NCTE notific e for the selection and appointm rtment in terms of Punjab State C Service Rules, 2018 (Annexu valid and recognized and also i TE being Central Act, its notifica ame cannot be against the same ed, the same cannot be varied.

r the post of ETT especially wh mentary Education Teaching Ca 2). 226/227 of the Constitution of In rari for quashing the Punjab St up -C Service (First Amendme .07.2021 Advertisement (Annex CTE notification dated 28.06.20 nd also to quash the criteria in of the statutory Rules by provid under rules the criteria for select n any criteria in the advertisem view of the settled position of law the nature of Mandamus be issu ndidates possessing the minim cation dated 28.06.2018 (Annex ment for the post of ETT, especia e Elementary Education (Teach ure P-2) had duly accepted the s in view of the law laid down to ations will have binding effect o e and further once the qualificat

hen adre ndia tate ent) xure ding tion ment w. ued mum xure ally hing said over

It is ahead with sele advertisement d Impugned Rule and factual pos issued by NCT statutory rules w CWP-15495-20

Civ for issuance of quashing the Ru Punjab State El 2018) of notific arbitrary but als Constitution of judgments.

Iss nature of Mand petitioners to jo appointment no since the petiti appointment as per the guidelin for Teachers Ed in the selection p

s further prayed that the respond ection and appointment proces dated 30.07.2021 (Annexure P s dated 27.07.2021 (Annexure ition especially the notification TE & law, further more criteri which cannot sustain in the eyes o vil Writ Petition under Articles 2 a writ, order or direction, espec ule 3 (Containing Amendment o lementary Education [Teaching cation dated 27.07.2021 (Annexu o unjust, unfair and against the p India and settled propositions o suance of an appropriate writ, o damus for directing the respon oin the recruitment process in tice dated 30.07.2021 (Annexur ioners possess the requisite qu Teacher for classes I to VIII (i.e nes dated. 28.06.2018 (Annexur ducation (N.C.T.E) but the petitio process, in an illegal and arbitrar

dent State be restrained from go ss pursuance to in the Impugn P-1), issued in pursuance to P-4) since are contrary to the l dated 28.06.2018 (Annexure P ia in the advertisement is agai of law. 226/227 of the Constitution of In cially in the nature of Certiorari of Appendix 'B', Serial No. 3 of g Cadre] Group 'C', Service Ru ure P-2), being not only illegal a provisions of Article 14 & 16 of of law as enumerated in a catena order or direction, especially in ndents to consider and allow pursuance of advertisement/pub re P-1) issued by respondent no ualification which is essential e., Elementary Trained Teacher) re P-3) issued by National Coun oners are not allowed to particip ry manner.

oing ned law P-3) inst ndia for ules, and f the a of blic o. 3, for ) as ncil

It i further recruitm notice dated 3 pendency of the kindly be direct interest of justic

For may deem fit an CWP-15674-20

Civ notification no (Annexure P-1) Elementary Edu that qualificatio years diploma in

The advertisement n qualification of appearing in 2n scheduled from CWP-16213-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

s further prayed that during the ment process in pursuance of a

0.07.2021 (Annexure P-1), m e present writ petition or in th ted to accept the applications of ce. r issuance of any other writ, or nd proper in the facts and circum vil writ petition in the nature of . G.S.R.98/ Const. Art.309/ whereby the Government of Pu ucation (Teaching Cadre) Group-on of B.Ed. has been removed fr n elementary education is made m e post of Elementary Trained no. 5/2-2021 dated 30.07.2021 f B.Ed. and further on the addit nd year examination of two year

19.08.2021 to 28.08.2021. uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-7),

e pendency of present writ petiti advertisement/ public appointm may kindly be stayed during he alternative the respondents m the petitioners provisionally, in rder or direction, which this Co mstances of the present case. f certiorari to quash the impugn and (2)/2021 dated 27.07.20 unjab has amended the Punjab St -C Service Rules 2018 to the ext from the eligibility criteria and t mandatory for the post of ETT. d Teacher (ETT) advertised v (Annexure P-3) on the basis tional ground that the petitione r Diploma in Elementary Educat f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da

ion, ment may ourt ned tate tent two

vide of r is tion njab ment

The the department Group C Service CWP-16375-20

The (Containing Am Elementary Edu notification date N.C.T.E notifica

All advertisement/ p by respondent n

The for appointmen

28.06.2018 (An (N.C.T.E). CWP-164-2022

Civ is for issuance o quashing the Ru Punjab State El 2018) of notific breach of N.C.T only illegal and

e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). e writ in the nature of Cert mendment of Appendix 'B', S ucation [Teaching Cadre] Gro ed 27.07.2021 (Annexure P-2), s ation dated 28.06.2018 (Annexur low the petitioners to join the re public appointment notice dated no. 3. e petitioners possess the requis nt as Elementary Trained Teac nnexure P-3) issued by Nationa vil Writ Petition under Articles 2 of a writ, order or direction, espe ule 3 (Containing Amendment o lementary Education [Teaching cation dated 27.07.2021 (Annexu T.E notification dated 28.06.201 d arbitrary but also unjust, unf

r the post of ETT especially wh mentary Education Teaching Ca tiorari for quashing the Rule Serial No. 3 of the Punjab St oup 'C', Service Rules, 2018) since the amendment is in breach re P-3). ecruitment process in pursuance d 30.07.2021 (Annexure P-1) issu ite qualification which is essen cher as per the notification da al Council for Teachers Educat 226/227 of the Constitution of In ecially in the nature of Certiorari of Appendix 'B', Serial No. 3 of g Cadre] Group 'C', Service Ru ure P-2), since the amendment is 18 (Annexure P. 3) and further fair and against the provisions

hen adre e 3 tate of h of e of ued ntial ated tion ndia for ules, s in not

Article 14 & 1 enumerated in a

Issu nature of Mand the recruitment dated 30.07.202 possess the requ Trained Teacher National Counc being considered

It i further recruitm notice dated 3 pendency of the kindly be direct the interest of ju

For may deem fit an CWP-16410-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

6 of the Constitution of India a catena of judgments. uance of an appropriate writ, o damus for directing the responde process in pursuance of adverti 21 (Annexure P-1) issued by resp uisite qualification which is essen r as per the notification dated 28 cil for Teachers Education (N.C d in the selection said process, in s further prayed that during the ment process in pursuance of a

0.07.2021 (Annexure P-1), m e present writ petition or in th ted to consider the applications ustice. r issuance of any other writ, or nd proper in the facts and circum uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) alongwith co nexure P-7).

and settled propositions of law order or direction, especially in ents to consider the petitioners isement/ public appointment not pondent no. 3, since the petition ntial for appointment as Element

8.06.2018 (Annexure P-3) issued C.T.E), but the petitioners are n an illegal and arbitrary manner e pendency of present writ petiti advertisement/ public appointm may kindly be stayed during he alternative the respondents m of the petitioners provisionally rder or direction, which this Co mstances of the present case. f Certiorari for quashing the Pun Group C Service First Amendm nsequential Advertisement da

w as for tice ners tary d by not r. ion, ment may y, in ourt njab ment

The the department Group C Service CWP-16513-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service CWP-16631-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service CWP-16874-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-7). e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-7), e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-7).

r the post of ETT especially wh mentary Education Teaching Ca f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da

hen adre njab ment ated hen adre njab ment ated hen adre njab ment

The the department Group C Service CWP-16875-20

Wr dated 28.06.201 Council for Tea HRD Minister, required under Education (B.E Primary School/ of original Notif

Nat Elementary Tra (Teaching Cadre read with "Punj (First Amendme "Punjab State E Service Rules, Elementary Edu Amendment) Ru CWP-16963-20

Issu State Elementar

e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). rit in the nature of certiorari qu 18 (Annexure P-14), issued by acher Education (NCTE), where Govt. of India, even without co law, the candidates possessing d.) have been made eligible for /ETT Teachers for Class I to V fication dated 23.08.2010 (Anne ture of certiorari quashing Appe ained Teacher (ETT) of the "Pu e) Group C Service Rules, 2018 ab State Elementary Education ent) Rules, 2020" dated 26.02.2 Elementary Education (Teachin 2018" dated 21.05.2018 (Annex ucation (Teaching Cadre) Bord ules, 2020" dated 26.02.2020. uance of a writ in the nature of ry Education (Teaching Cadre) G

r the post of ETT especially wh mentary Education Teaching Ca uashing the Impugned Notificat y the respondent No. 2/ Natio eby merely on the directions of onstitution of Expert Committee g the qualification of Bachelors r appointment against the posts while acting contrary to provisi exure P-3). endix "B" pertaining to the post unjab State Elementary Educat " dated 21.05.2018 (Annexure P (Teaching Cadre) Group C Serv 020 (Annexure P-15) as well as ng Cadre) Border Area Group xure P-6) read with "Punjab St der Area Group C Service (F f Certiorari for quashing the Pun Group C Service First Amendm

hen adre tion onal , as s in s of ons t of tion P-5) vice s of p C tate First njab

Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service CWP-17132-20

Issu State Elementar Rules 2021 date Advertisement d

The the department Group C Service CWP-17342-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service CWP-17384-20

Issu State Elementar

Annexure P-4) along with co nexure P-7). e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). uance of a writ in the nature of ry Education (Teaching Cadre) G ed 27.07.2021 (Annexure P-4) a dated 30.07.2021 (Annexure P-1 e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-7), e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). uance of a writ in the nature of ry Education (Teaching Cadre) G

onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca f Certiorari for quashing the Pun Group C Service First Amendm along with impugned consequen 78), r the post of ETT especially wh mentary Education Teaching Ca f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca f Certiorari for quashing the Pun Group C Service First Amendm

ated hen adre njab ment ntial hen adre njab ment ated hen adre njab

Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service CWP-17470-20

The Amendment of Education [Teac

27.07.2021 (An notification date

All advertisement/ p by respondent n is essential for a dated 28.06.20 Education (N.C CWP-17477-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service

Annexure P-4) along with co nexure P-7). e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). e nature of Certiorari for qu f Appendix 'B', Serial No. 3 ching Cadre] Group 'C', Service nnexure P-2), since the amen ed 28.06.2018 (Annexure P-3). low the petitioners to join the re public appointment notice dated no. 3, since the petitioners posse appointment as Elementary Trai 18 (Annexure P-3) issued by .T.E). uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-7). e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2).

onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca uashing the Rule 3 (Contain of the Punjab State Element e Rules, 2018) of notification da ndment is in breach of N.C.T

ecruitment process in pursuance d 30.07.2021 (Annexure P-1) issu ess the requisite qualification wh ined Teacher as per the notificat y National Council for Teach f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca

ated hen adre ning tary ated T.E e of ued hich tion hers njab ment ated hen

CWP-17589-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service CWP-17599-20

Issu State Elementar Rules 2021 d Advertisement d

The the department Group C Service CWP-17653-20

Issu State Elementar Rules 2021 (AN

30.07.2021 (AN

The the department Group C Service CWP-17740-20

uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-7). e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). uance of a writ in the nature of ry Education (Teaching Cadre) G dated 27.07.2021 (Annexure dated 30.07.2021 (Annexure P-7 e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). uance of a writ in the nature of ry Education (Teaching Cadre) G NNEXURE P-4) along with c NNEXURE P-7), e selection and appointment for in terms of Punjab State Elem e Rules 2018 (ANNEXURE P-2

f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca f Certiorari for quashing the Pun Group C Service First Amendm P-4) along with consequen 7), r the post of ETT especially wh mentary Education Teaching Ca f Certiorari for quashing the Pun Group C Service First Amendm consequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca 2).

njab ment ated hen adre njab ment ntial hen adre njab ment ated hen

CIV India, for grant o i. sum ii. issu Cou dat iii. issu Sta Ele iv. issu afte v. iss and vi. dis vii. ex P-1 few viii. aw pet INTERIM PRA

VIL WRIT PETITION under A of the following reliefs:- mmon the entire records of the ca ue a Writ in the nature of C tification dated 28.06.2018 (Ann uncil of Teachers Education an ted 12.11.2014 (Annexure P-15); ue a Writ in the nature of Man ate to consider only E.T.T. quali ementary Trained Teachers posts ue a Writ in the nature of Manda B.Ed. person can be appointed er the appointment of all E.T.T. q sue any other Writ, Order or Dir d proper, keeping in view the p present case. spense with the service of advan empt the petitioners from filing 1 to P-17 along with the present petitioners to place on record Ph w of the Annexures; ward the costs of the present titioners and against the Respond AYER

Article 226 of the Constitution ase for its kind perusal; Certiorari, quashing the impugn nexure P-16) issued by the Natio nd if necessary, NCTE Regulat ; ndamus, directing the Responde ified candidates for appointmen s in the State of Punjab; amus, directing the Respondent t against E.T.T. post except with qualified persons who applied; ection, as this Court may deem j peculiar facts and circumstances ce notices upon the Respondent, g the certified copies of Annexu t Civil Writ Petition and also all hotostat/dim/ downloaded copies t Writ Petition in favour of dents.

n of ned onal tion ent-t to that hout just s of , ures low

It i present Civil W and appointing posts in the Sta justice. CM -13738-202

AP dispose of the C Court in S.L.P. ( CWP-17919-20

The Amendment of Education [Teac

27.07.2021 (An notification date

All advertisement/ p by respondent n is essential for a dated 28.06.20 Education (N.C CWP-17924-20

Issu State Elementar

is further respectfully prayed Writ Petition, the Respondent-St B.Ed. qualified Teachers agai ate of Punjab for teaching Cla PPLICATION under Section 151 Civil Writ Petition in terms of the (Civil) No. 20743 of 2021 decid e writ in nature of Certiorari fo f Appendix 'B', Serial No. 3 ching Cadre] Group 'C', Service nnexure P-2), since the amen ed 28.06.2018 (Annexure P-3). low the petitioners to join the re public appointment notice dated no. 3, since the petitioners posse appointment as Elementary Trai 18 (Annexure P-3) issued by .T.E). uance of a writ in the nature of ry Education (Teaching Cadre) G

that pending the decision of ate be restrained from consider inst Elementary Trained Teach ass-I to Class-V, in the interest 1 of the Code of Civil Procedure e Judgment of the Hon'ble Supre ded on 11.08.2023. or quashing the Rule 3 (Contain of the Punjab State Element e Rules, 2018) of notification da ndment is in breach of N.C.T

ecruitment process in pursuance d 30.07.2021 (Annexure P-1) issu ess the requisite qualification wh ined Teacher as per the notificat y National Council for Teach f Certiorari for quashing the Pun Group C Service First Amendm

ring hers t of e to eme ning tary ated T.E e of ued hich tion hers njab

Rules 2021 d Advertisement d

The the department Group C Service CWP-17927-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service

CWP-17929-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service CWP-18038-20

Issu State Elementar

dated 27.07.2021 (Annexure dated 30.07.2021 (Annexure P-7 e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-7). e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-7). e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). uance of a writ in the nature of ry Education (Teaching Cadre) G

P-4) along with consequen 7). r the post of ETT especially wh mentary Education Teaching Ca f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca f Certiorari for quashing the Pun Group C Service First Amendm

ntial hen adre njab ment ated hen adre njab ment ated hen adre njab

Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service CWP-18044-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service CWP-18045-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service CWP-18046-20

Civ for issuance of Elementary Edu

Annexure P-4) along with co nexure P-7). e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-7). e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-7). e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). vil Writ Petition under Articles 2 a writ in the nature of Certior ucation (Teaching Cadre) Grou

onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca 226/227 of the Constitution of In rari for quashing the Punjab St up C Service (First Amendme

ated hen adre njab ment ated hen adre njab ment ated hen adre ndia tate ent)

Rules, 2021 2

30.07.2021 (Ann dated 28.06.201 criteria in the im by providing ma for selection is advertisement c position of law.

It i directing the S qualifications as P-3) as eligible when the depar Cadre) Group C qualification as effect that NCT the State and sa stands recognize

It i ahead with sele advertisement d Impugned Rule and factual pos issued by NCTE

27.07.201(Annexure P-4) alon nexure P-1), since the amendme 18 (Annexure P-3), same canno mpugned advertisement which is arks for Graduation as per divisi , marks obtained in the writte contrary to the statutory rules ca is further prayed that a writ in t State-respondents hold the can s laid down by the NCTE notific for the selection and appointme rtment in terms of Punjab State C Service Rules, 2018 (Annexur valid and recognized and also i TE being Central Act, its notifica ame cannot be against the same ed, the same cannot be varied. s further prayed that the respond ection and appointment proces dated 30.07.2021 (Annexure P s dated 27.07.2021 (Annexure P ition especially the notification E & law, further more criteria

ng with an Advertisement da ent is against the NCTE notificat t be sustain, and also to quash s in the teeth of the statutory Ru ion, whereas under rules the crite en examination any criteria in annot sustain in view of the sett the nature of Mandamus be issu ndidates possessing the minim cation dated 28.06.2018 (Annex ent for the post of ETT, especia Elementary Education ( Teach re P-2) had duly accepted the s in view of the law laid down to ations will have binding effect o e and further once the qualificat dent State be restrained from go ss in pursuance to the Impugn P-1), issued in pursuance to P-4) since are contrary to the l dated 28.06.2018 (Annexure P in the advertisement is against

ated tion ules eria tled ued mum xure ally hing said over tion oing ned law P-3)

statutory rules w allow to submit CWP-18049-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service CWP-18051-20

Civ for issuance of quashing the Ru Punjab State El 2018) of notific breach of N.C.T only illegal and Article 14 & 1 enumerated in a

Issu nature of Mand petitioners to jo appointment no since the petiti

which cannot sustain alternativel their application form during the uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-7). e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). vil Writ Petition under Articles 2 a writ, order or direction, espec ule 3 (Containing Amendment o lementary Education [Teaching cation dated 27.07.2021 (Annexu T.E notification dated 28.06.201 d arbitrary but also unjust, unf 6 of the Constitution of India a catena of judgments. uance of an appropriate writ, o damus for directing the respon oin the recruitment process in p tice dated 30.07.2021 (Annexur ioners possess the requisite qu

ly, it is prayer petitioners permi e pendency of this writ petition. f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca 226/227 of the Constitution of In cially in the nature of Certiorari of Appendix 'B', Serial No. 3 of g Cadre] Group 'C', Service Ru ure P-2), since the amendment is 18 (Annexure P-3) and further fair and against the provisions and settled propositions of law order or direction, especially in ndents to consider and allow pursuance of advertisement/ pub re P-1) issued by respondent no ualification which is essential

t to njab ment ated hen adre ndia for ules, s in not s of w as blic o. 3,

appointment as

28.06.2018 (An (N.C.T.E) but th in an illegal and

It i further recruitm notice dated 3 pendency of the kindly be direct interest of justic CWP-18071-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service CWP-18072-20

Civ for issuance of Elementary Edu Rules, 2021 (Annexuredated

28.06.2018 (An

s Elementary Trained Teache nnexure P-3) issued by Nationa he petitioners are not allowed to d arbitrary manner. s further prayed that during the ment process in pursuance of a

0.07.2021 (Annexure P-1), m e present writ petition or in th ted to accept the applications of ce. uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-7), e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2) vil Writ Petition under Articles 2 a writ in the nature of Certior ucation (Teaching Cadre) Grou (Annexure P-4) along with d P-1), since the amendment is a nnexure P-3), same cannot be su

er as per the notification da al Council for Teachers Educat participate in the selection proce e pendency of present writ petiti advertisement/ public appointm may kindly be stayed during he alternative the respondents m the petitioners provisionally, in f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca 226/227 of the Constitution of In rari for quashing the Punjab St up -C Service (First Amendme h an Advertisement 30.07.20 against the NCTE notification da stain, and also to quash the crite

ated tion ess, ion, ment may njab ment ated hen adre ndia tate ent) ated

in the impugne providing marks selection is, m advertisement c position of law.

It i directing the S qualifications as P-3) as eligible when the depar Cadre) Group -C qualification as effect that NCT the State and sa stands recognize

It i ahead with sele advertisement d Impugned Rule and factual pos issued by NCTE statutory rules w allow to submit CWP-18178-20

ed advertisement which is in th s for Graduation as per division, marks obtained in the written contrary to the statutory rules ca is further prayed that a writ in t State-respondents hold the can s laid down by the NCTE notific e for the selection and appointm rtment in terms of Punjab State C Service Rules, 2018 (Annexu valid and recognized and also i TE being Central Act, its notifica ame cannot be against the same ed, the same cannot be varied. s further prayed that the respond ection and appointment pursua dated 30.07.2021 (Annexure P s dated 27.07.2021 (Annexure ition especially the notification E & law, further more criteria which cannot sustain alternativel their application form during the

he teeth of the statutory Rules whereas under rules the criteria examination any criteria in annot sustain in view of the sett the nature of Mandamus be issu ndidates possessing the minim cation dated 28.06.2018 (Annex ment for the post of ETT, especia e Elementary Education (Teach ure P-2) had duly accepted the s in view of the law laid down to ations will have binding effect o e and further once the qualificat dent State be restrained from go ance to the process in Impugn P-1), issued in pursuance to P-4) since are contrary to the l dated 28.06.2018 (Annexure P in the advertisement is against ly, it is prayer petitioners permi e pendency of this writ petition.

by for tled ued mum xure ally hing said over tion oing ned law P-3)

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service CWP-18202-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service CWP-18204-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service CWP-18324-20

uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-7), e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-7), e selection and appointment for in terms of Punjab State Elem e Rules 2018 (ANNEXURE P-2 uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-7), e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2).

f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca 2). f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca

njab ment ated hen adre njab ment ated hen adre njab ment ated hen

The Amendment of Education [Teac

27.07.2021 (An notification date

All advertisement/ p by respondent n

The for appointmen

28.06.2018 (An (N.C.T.E).

CWP-18345-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service CWP-18358-20

The Amendment of Education [Teac

e nature of Certiorari for qu f Appendix 'B', Serial No. 3 ching Cadre] Group 'C', Service nnexure P-2), since the amen ed 28.06.2018 (Annexure P-3). low the petitioners to join the re public appointment notice dated no. 3, e petitioners possess the requis nt as Elementary Trained Teac nnexure P-3) issued by Nationa uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-7), e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2) e nature of Certiorari for qu f Appendix 'B', Serial No. 3 ching Cadre] Group 'C', Service

uashing the Rule 3 (Contain of the Punjab State Element e Rules, 2018) of notification da ndment is in breach of N.C.T

ecruitment process in pursuance d 30.07.2021 (Annexure P-1) issu ite qualification which is essen cher as per the notification da al Council for Teachers Educat f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca uashing the Rule 3 (Contain of the Punjab State Element e Rules, 2018) of notification da

ning tary ated T.E e of ued ntial ated tion njab ment ated hen adre ning tary

27.07.2021 (An notification date

All advertisement/ p by respondent n is essential for a dated 28.06.20 Education (N.C CWP-18379-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service CWP-18383-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service CWP-18455-20

nnexure P-2), since the amen ed 28.06.2018 (Annexure P-3). low the petitioners to join the re public appointment notice dated no. 3, since the petitioners posse appointment as Elementary Trai 18 (Annexure P-3) issued by .T.E). uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-7), e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-7), e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2).

ndment is in breach of N.C.T

ecruitment process in pursuance d 30.07.2021 (Annexure P-1) issu ess the requisite qualification wh ined Teacher as per the notificat y National Council for Teach f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca

T.E e of ued hich tion hers njab ment ated hen adre njab ment ated hen

The (Containing Am Elementary Edu notification date N.C.T.E notifica

The consider and all advertisement/ p CWP-18456-20

CIV of India, for iss Certiorari for qu Group-C Servic consequential amendment is in the same cannot others vs. Shiv

25.07.2017 (An advertisement w graduation as pe obtained in the the statutory rul

It i directing the St qualifications as

e writ in the nature of Cert mendment of Appendix 'B', S ucation [Teaching Cadre] Gro ed 27.07.2021 (Annexure P-2), s ation dated 28.06.2018 (Annexur e writ in the nature of Mandam low the petitioners to join the re public appointment notice dated VIL WRIT PETITION under A suance of any writ, direction or uashing the Punjab State Eleme ce (First Amendment) Rules, 2 advertisement dated 30.07.20 n breach of NCTE notification t sustain, especially in view of t Kumar Pathak and others 20 nnexure P-11), and also to qu which is in the teeth of the statu er division, whereas under rules written examination, any criter es cannot sustain in view of the is further prayed that a writ in t tate-respondents to hold the ca s laid down by the NCTE notif

tiorari for quashing the Rule Serial No. 3 of the Punjab St oup 'C', Service Rules, 2018) since the amendment is in breach re P-3). mus for directing the respondents ecruitment process in pursuance

30.07.2021 (Annexure P-1). Articles 226/227 of the Constitut r order especially in the nature entary Education (Teaching Cad 2021 (Annexure P-4), along w 021 (Annexure P-7), since dated 28.06.2018 (Annexure P the settled law in State of U.P. a 17 (3) SCT 704 (SC) decided uash the criteria in the impugn utory rules by providing marks s the criteria for selection is ma ria in the advertisement contrary settled position of law. the nature of Mandamus be issu andidates possessing the minim fication (Annexure P-3), as eligi

e 3 tate of h of s to e of tion e of dre), with -3), and on ned for arks y to ued mum

for the selectio department in t Group-C Servi qualification as effect that NCT the State and sa stands recognize

It i ahead with sele advertisement d impugned rules factual position issued by the N against the statu

It i forms either onl last date for sub CWP-19160-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service

on and appointment for the p terms of Punjab State Elemen ce Rules, 2018 (Annexure P valid and recognized and also i TE being Central Act, its notifica ame cannot be against the same ed, the same cannot be varied. s further prayed that the respond ection and appointment proces dated 30.07.2021 (Annexure P dated 27.07.2021 (Annexure P-4 n especially the notification d NCTE and law, furthermore, th utory rules which cannot sustain, s prayed that the petitioners be line or offline mode during the p mission of online application for uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-7). e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2).

ost of ETT, especially when ntary Education (Teaching Cad P-2) had duly accepted the s in view of the law laid down to ations will have binding effect o e and further once the qualificat dent-State be restrained from go ss in pursuance of the impugn P-7), issued in pursuance to 4) since are contrary to the law a dated 28.06.2018 (Annexure P he criteria in the advertisement alternatively. allowed to submit their applicat pendency of the writ petition, as rms stands expired. f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca

dre), said over tion oing ned and -3), t is tion njab ment ated hen

CWP-19371-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service CWP-19431-20

Amendment of Education [Teac

27.07.2021 (Ann

All advertisement/p by respondent n is essential for dated 28.06.201

Pre advertisement/ p CWP-19551-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-7). e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). nature of Certiorari for qu f Appendix 'B', Serial No. 3 ching Cadre] Group 'C', Service nexure P-2). low the petitioners to join the re public appointment notice dated no. 2, since the petitioners posse appointment as Teacher for clas 8 (Annexure P-5). esent writ petition, further recr public appointment notice dated uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-7).

f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca uashing the Rule 3 (Contain of the Punjab State Element e Rules, 2018) of notification da ecruitment process in pursuance

30.07.2021 (Annexure P-1) issu ess the requisite qualification wh sses I to VIII as per the guideli ruitment process in pursuance

30.07.2021 (Annexure P-1). f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da

njab ment ated hen adre ning tary ated e of ued hich ines of njab ment

The the department Group C Service CWP-18375-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service CWP-19253-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service CWP-19293-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-7). e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-7). e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-5).

r the post of ETT especially wh mentary Education Teaching Ca f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da

hen adre njab ment ated hen adre njab ment ated hen adre njab ment

The the department Group C Service CWP-19327-20

The Amendment of Education [Teac

27.07.2021 (Ann

All advertisement/p by respondent n is essential for dated 28.06.201

Pre advertisement/ p CWP-20807-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service CWP-20960-20

e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). e nature of Certiorari for qu f Appendix 'B', Serial No. 3 ching Cadre] Group 'C', Service nexure P-2). low the petitioners to join the re public appointment notice dated no. 2, since the petitioners posse appointment as Teacher for clas 8 (Annexure P-5). esent writ petition, further recr public appointment notice dated uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-5). e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2).

r the post of ETT especially wh mentary Education Teaching Ca uashing the Rule 3 (Contain of the Punjab State Element e Rules, 2018) of notification da ecruitment process in pursuance

30.07.2021 (Annexure P-1) issu ess the requisite qualification wh sses I to VIII as per the guideli ruitment process in pursuance

30.07.2021 (Annexure P-1). f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca

hen adre ning tary ated e of ued hich ines of njab ment ated hen

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service CWP-21092-20

Civ for issuance of quashing the Ru Punjab State El 2018) of notific breach of N.C.T only illegal and Article 14 & 1 enumerated in a

Issu nature of Mand petitioners to jo appointment no since the petiti appointment as

28.06.2018 (An

uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-5). e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). vil Writ Petition under Articles 2 a writ, order or direction, espec ule 3 (Containing Amendment o lementary Education [Teaching cation dated 27.07.2021 (Annexu T.E notification dated 28.06.201 d arbitrary but also unjust, unf 6 of the Constitution of India a catena of judgments. uance of an appropriate writ, o damus for directing the respon oin the recruitment process in p otice dated 30.07.2021 (Annexu ioners possess the requisite qu s Elementary Trained Teache nnexure P-3) issued by Nationa

f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca 226/227 of the Constitution of In cially in the nature of Certiorari of Appendix 'B', Serial No. 3 of g Cadre] Group 'C', Service Ru ure P-2), since the amendment is 18 (Annexure P-3) and further fair and against the provisions and settled propositions of law order or direction, especially in ndents to consider and allow pursuance of advertisement/ pub ure P-1) issued by respondent n ualification which is essential er as per the notification da al Council for Teachers Educat

njab ment ated hen adre ndia for ules, s in not s of w as blic no 3 for ated

(N.C.T.E) but th in an illegal and

It i further recruitm notice dated 3 pendency of the kindly be direct interest of justic CWP-22097-20

The Amendment of Education [Teac

27.07.2021 (Ann

All advertisement/p issued by respon which is essen

28.06.2018 (Ann CWP-22099-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

he petitioners are not allowed to d arbitrary manner. s further prayed that during the ment process in pursuance of a

0.07.2021 (Annexure P-1), m e present writ petition or in th ted to accept the applications of ce. e nature of Certiorari for qu f Appendix 'B', Serial No. 3 ching Cadre] Group 'C', Service nexure P-2). low the petitioners to join the re public appointment notice date ndent no. 3, since the petitioners ntial for appointment as Teac nexure P-3). uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-1),

participate in the selection proce e pendency of present writ petiti advertisement/ public appointm may kindly be stayed during he alternative the respondents m the petitioners provisionally, in uashing the Rule 3 (Contain of the Punjab State Element e Rules, 2018) of notification da ecruitment process in pursuance d 30.07.2021 (ANNEXURE P s possess the requisite qualificat cher as per the guidelines da f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da

ess, ion, ment may ning tary ated e of P-1) tion ated njab ment

The the department Group C Service CWP-22228-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service CWP-22444-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service CWP-22860-20

The Amendment of Education [Teac

27.07.2021 (An notification date

e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-1), e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-7), e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2) e nature of Certiorari for qu f Appendix 'B', Serial No. 3 ching Cadre] Group 'C', Service nnexure P-2), since the amen ed 28.06.2018 (Annexure P-3).

r the post of ETT especially wh mentary Education Teaching Ca f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca uashing the Rule 3 (Contain of the Punjab State Element e Rules, 2018) of notification da ndment is in breach of N.C.T

hen adre njab ment ated hen adre njab ment ated hen adre ning tary ated

All advertisement/ p by respondent n is essential for a dated 28.06.20 Education (N.C CWP-23118-20

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

The the department Group C Service CWP-23784-20

Civ for the issuance for quashing th Service (First A Advertisement d of NCTE notif especially in vi Pathak and othe and also to quas of the statutory

low the petitioners to join the re public appointment notice dated no. 3, since the petitioners posse appointment as Elementary Trai 18 (Annexure P-3) issued by .T.E). uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-6), e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2) vil Writ Petition under Articles 2 of an appropriate writ order or he Punjab State Elementary Ed Amendment) Rules 2021 (Anne dated 30.07.2021 (Annexure P-7 fication dated 28.06.2018 (Ann iew of the settled law, State of ers, 2017 (3) SCT 704 (SC) decid sh the criteria in the impugned a y Rules by providing marks for

ecruitment process in pursuance d 30.07.2021 (Annexure P-1) issu ess the requisite qualification wh ined Teacher as per the notificat y National Council for Teach f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da r the post of ETT especially wh mentary Education Teaching Ca 226/227 of the Constitution of In direction in the nature of Certio ducation Teaching Cadre Group exure P-4) alongwith consequen 7) since the amendment is in bre nexure P-3), same cannot susta f U.P. and others Vs Shiv Kum ded on 25.07.2017 (Annexure P-advertisement which is in the te r Graduation whereas under as

e of ued hich tion hers njab ment ated hen adre ndia rari p-C ntial ach ain, mar -11) eeth

rules the divis examination, cri sustain in view o

It i directing the St qualifications as P-3) as eligible when the depar Cadre) Group-C qualification as effect that NCT the State and sa stands recognize

It f ahead process advertisement d impugned Rules and factual pos issued by NCT against rules wh CWP-25514-20

Pet issuance of an Elementary Edu Rules, dated 23

sion, criteria for selection is iteria any advertisement contrary of the settled position of law. is further prayed that a writ in t tate-respondents to hold the ca s. laid down by the NCTE notifi for the selection and appointme rtment in terms of Punjab State C Service Rules, 2018 (Annexur valid and recognized and also i TE being Central Act, its notifica ame cannot be against the same ed, the same cannot be varied. further is prayed that the respond with selection and appointmen dated 30.07.2021 (Annexure P s dated 27.07.2021 (Annexure P ition especially the notification TF and law, furthermore, the cr hich cannot sustain. tition under Article 226/227 of th appropriate writ, order or dir ucation (Teaching Cadre) Group .09.2022 (Annexure P-6) along

marks obtained in the writ y to in the the statutory rules can the nature of Mandamus be issu andidates possessing the minim cation dated 28.06.2018 (Annex ent for the post of ETT, especia e Elementary Education (Teach re P-2) had duly accepted the s in view of the law laid down to ations will have binding effect o e and further once the qualificat dent-State be restrained from go nt in pursuance to the impugn P-7), issued in pursuance to P-4), since are contrary to the l dated 28.06.2018 (Annexure P riteria in the advertisement the he Constitution of India praying rection quashing the Punjab St p-C Service (Second Amendme with consequential Advertisem

tten nnot ued mum xure ally hing said over tion oing ned law P-3) e is for tate ent)

dated 12.10.202 notification dat minimum eligib elementary educ 50% marks and mention the ame thus the urgency online even th selection/appoin

It i directing the St qualifications as P-5) as eligible when the depar Cadre) Group-C qualification as effect that NCT the State.

It i ahead with sele advertisement d Impugned Rule and factual pos issued by NCT statutory rules.

22 (Annexure P-10), since the a ted 28.06.2018 (Annexure P-5 bility qualifications from Gradu cation to either the above qualif d Bachelor of Education (B.Ed.) ended qualification making the p y of the issue for interim directio hough the petitioners are all ntment. is further prayed that a writ in t tate-respondents to hold the ca s laid down by the NCTE notific for the selection and appointme rtment in terms of Punjab State C Service Rules, 2018 (Annexu valid and recognized and also i TE being Central Act, its notifica s further prayed that the respond ection and appointment proces dated 12.10.2022 (Annexure P s dated 23.09.2022 (Annexure P ition especially the notification TE, and therefore the criteria in

amendment is in breach of NC ), by which it had amended uation and two years Diploma fication or Graduation with at le ) but still the advertisement fails petitioners unable to apply onlin ons/provisional permission to ap l eligible to be considered the nature of Mandamus be issu andidates possessing the minim cation dated 28.06.2018 (Annex ent for the post of ETT, especia e Elementary Education (Teach ure P-4) had duly accepted the s in view of the law laid down to ations will have binding effect o dent-State be restrained from go ss in pursuance to the Impugn P-10), issued in pursuance to P-6), since are contrary to the l dated 28.06.2018 (Annexure P n the advertisement is against

CTE a in east s to e at pply for ued mum xure ally hing said over oing ned law P-5)

It i online applicatio for submission o CWP-25745-20

Civ for issuance of Elementary Edu Rules, 2022 co

12.10.2022 (Ann dated 28.06.201 criteria in the im by providing ma to either the ab Bachelor of Ed amended qualif urgency of the though the petit further prayed th respondents hol down by the NC the selection and in terms of Punj Rules, 2018 (An recognized and Central Act, its

is further prayed that the petit on forms during the pendency o of filling online form is 10.11.20 vil Writ Petition under Articles 2 a writ in the nature of Certior ucation (Teaching Cadre) Group ol. 2309.22. (Annexure P-4) al nexure P-1), since the amendme 18 (Annexure P-3), same canno mpugned advertisement which is arks for Graduation and two yea bove qualification or Graduati ducation (B.E.D) still but the a fication making the petitioner u issue for interim direction/ P tioners are eligible to be conside hat a writ in the nature of Mand ld the candidates possessing th CTE notification dated 28.06.20 d appointment for the post of ET jab State Elementary Education nnexure P-2) had duly accepted also in view of the law laid do s notifications will have bindin

ioners be allowed to submit th of the writ petition as the last d

¶022226/227 of the Constitution of In rari for quashing the Punjab St p -C Service (Second Amendme ong with an Advertisement da ent is against the NCTE notificat t be sustain, and also to quash s in the teeth of the statutory Ru ars diploma in elementary educat ion with at least 50% marks a advertisement fails to mention unable to apply online at thus Provisionally to apply online ev ered for selection appointment. I damus be issued directing the Sta he minimum qualifications as l 018 (Annexure P-3) as eligible TT, especially when the departm (Teaching Cadre) Group-C Serv d the said qualification as valid a own to the effect that NCTE be ng effect over the State and sa

heir date ndia tate ent) ated tion ules tion and ven It is ate-laid for ment vice and eing

cannot be again the same cannot

It i ahead with sel advertisement d Impugned Rule and factual pos issued by NCTE statutory rules w allow to submit last date is 10.11

CWP-25757-20

Civ for issuance of Elementary Edu Rules, 2021 (A (Annexure P-1)

28.06.2018 (An in the impugne providing marks selection is, m advertisement c position of law.

nst the same and further once th t be varied. s further prayed that the respond ection and appointment proces dated 12.10.2022 (Annexure P s dated 23.09.2022 (Annexure ition especially the notification E & law, further more criteria which cannot sustain alternativel t their application form during

1.2022. vil Writ Petition under Articles 2 a writ in the nature of Certior ucation (Teaching Cadre) Grou Annexure P-4) along with an ), since the amendment is aga nnexure P-3), same cannot be su ed advertisement which is in th s for Graduation as per division, marks obtained in the written contrary to the statutory rules ca

he qualification stands recogniz dent State be restrained from go ss in pursuance to the impugn P-1), issued in pursuance to P-4) since are contrary to the l dated 28.06.2018 (Annexure P in the advertisement is against ly, it is prayer Petitioners Permi the pendency of this writ petiti 226/227 of the Constitution of In rari for quashing the Punjab St up -C Service (First Amendme Advertisement dated 30.07.20 ainst the NCTE notification da stain, and also to quash the crite he teeth of the statutory Rules whereas under rules the criteria examination any criteria in annot sustain in view of the sett

zed, oing ned law P-3) t to ion, ndia tate ent) ated eria by for

It i directing the S qualifications as P-3) as eligible when the depar Cadre) Group -C qualification as effect that NCT the State and sa stands recognize pursuance to the in pursuance to contrary to th

28.06.2018 (An advertisement is CWP-27794-20

Civ for issuance of Elementary Edu Rules, 2021 (A (Annexure P-1) notification Dat quash the criter statutory Rules rules the criteri

is further prayed that a writ in t State-respondents hold the can s laid down by the NCTE notific e for the selection and appointm rtment in terms of Punjab State C Service Rules, 2018 (Annexu valid and recognized and also i TE being Central Act, its notifica ame cannot be against the same ed, the from going ahead with se e Impugned advertisement dated o the Impugned Rules dated 27. e law and factual position nnexure P-3) issued by NCTE & s against the statutory rules whic vil Writ Petition under Articles 2 a writ in the nature of Certior ucation (Teaching Cadre) Gro Annexure P-4) Dated 27.07.20 ) Dated 30.07.2021, Since the ed 28.06.2018 9Annexure P-3) ria in the impugned advertisem by providing marks for Graduat a for selection is, marks obtain

the nature of Mandamus be issu ndidates possessing the minim cation dated 28.06.2018 (Annex ment for the post of ETT, especia e Elementary Education (Teach ure P-2) had duly accepted the s in view of the law laid down to ations will have binding effect o e and further once the qualificat election and appointment proces

30.07.2021 (Annexure P-1), issu .07.2021 (Annexure P-4) since especially notification dated & law, further more criteria in ch sustain in the eyes of law. 226/227 of the Constitution of In rari for quashing the Punjab St oup-C Service (First Amendme 021 along with an Advertisem amendment is against the NC Same cannot be sustain, and also ment which is in the teeth of tion as per division, whereas un ned in the written examination a

ued mum xure ally hing said over tion s in ued are ndia tate ent) ment CTE o to nder

criteria in the ad of the settled po

It i directing the S qualifications as 3) as eligible fo when the depar Cadre) Group-C accepted the sai laid down to th binding effect o the qualification

It i ahead with sele advertisement D Impugned Rule and factual pos issued by NCTE statutory rules w CWP-2825-202

Civ for issuance of Elementary Edu Rules, 2021 (A consequential 3

dvertisement contrary to the sta osition of law. is further prayed that a writ in t State-respondents hold the can s. down by the NCTE notificatio or the selection and appointmen rtment in terms of Punjab State C Service Rules, 2018 (Annexur id qualification as valid and reco he effect that NCTE being Cent ver the State and same cannot b n stands recognized, the same can s further prayed that the respond ection and appointment proces Dated 30.07.2021 (Annexure P s Dated 27.07.2021 (Annexure ition especially the notification E & law, further more criteria which cannot sustain in the eyes o vil Writ Petition under Articles 2 a writ in the nature of Certior ucation (Teaching Cadre) Serv Annexure P-4) alongwith Adve

0.07.2021 since the amendment

atutory rules cannot sustain in vi the nature of Mandamus be issu ndidates possessing the minim on Dated 28.06.2018 (Annexure nt for the post of ETT, especia e Elementary Education (Teach re P-2) Dated 21.05.2018 had d ognized and also in view of the l tral Act, its notifications will h e against the same and further o nnot be varied. dent State be restrained from go ss in pursuance to the Impugn P-1), issued in pursuance to P-4) since are contrary to the l dated 28.06.2018 (Annexure P in the advertisement is against of law. 226/227 of the Constitution of In rari for quashing the Punjab St vice Group-C (First Amendme ertisement dated (Annexure P t is in breach of NCTE notificat

iew ued mum e P-ally hing duly law ave nce oing ned law P-3) ndia tate ent) -7),

dated 28.06.201 settled law, Stat SCT 704 (SC) criteria in the im by providing ma for selection is advertisement co

It i directing the St qualifications as P-3) as eligible when the depar Cadre) Group-C qualification as effect that NCT the State and sa stands recognize CWP-589-2022

Civ for issuance of quashing the Ru Punjab State El 2018) of notific breach of N.C.T only illegal and

18 (Annexure P-3), same cannot te of U.P. and others Vs. Shiv K decided on 25.07.2017 (Annex mpugned advertisement which is arks for Graduation as per divisi marks obtained in the written ontrary to the statutory settled po is further prayed that a writ in t tate-respondents to hold the ca s laid down by the NCTE notific for the selection and appointme rtment in terms of Punjab State C Service Rules, 2018 (Annexur valid and recognized and also i TE being Central Act, its notifica ame cannot be against the same ed, the same cannot be varied. vil Writ Petition under Articles 2 a writ, order or direction, espec ule 3 (Containing Amendment o lementary Education [Teaching cation dated 27.07.2021 (Annexu T.E notification dated 28.06.201 d arbitrary but also unjust, unf

t sustain, especially in view of Kumar Pathak and others, 2017 xure P-11) and also to quash s in the teeth of the statutory Ru ion, whereas under rules the crite n examination, any criteria in osition of law. the nature of Mandamus be issu andidate possessing the minim cation dated 28.06.2018 (Annex ent for the post of ETT, especia e Elementary Education (Teach re P-2) had duly accepted the s in view of the law laid down to ations will have binding effect o e and further once the qualificat 226/227 of the Constitution of In cially in the nature of Certiorari of Appendix 'B', Serial No. 3 of g Cadre] Group 'C'. Service Ru ure P-2), since the amendment is 18 (Annexure P-3) and further fair and against the provisions

(3) ules eria ued mum xure ally hing said over tion ndia for ules, s in not

Article 14 &16 enumerated in a

Issu nature of Mand the recruitment dated 30.07.202 possess the requ Trained Teacher National Counc being considered

It i further recruitm notice dated 3 pendency of the kindly be direct the interest of ju CWP-771-2022

Civ for issuance of Elementary Edu Rules, 2021 (A (Annexure P-1)

28.06.2018 (An in the impugne providing marks

6 of the Constitution of India a a catena of judgments. uance of an appropriate writ, o damus for directing the responde process in pursuance of adverti 21 (Annexure P-1) issued by resp uisite qualification which is essen r as per the notification dated 28 cil for Teachers Education (N.C d in the selection said process, in s further prayed that during the ment process in pursuance of a

0.07.2021 (Annexure P-1), m e present writ petition or in th ted to consider the applications ustice. vil Writ Petition under Articles 2 a writ in the nature of Certior ucation (Teaching Cadre) Grou Annexure P-4) along with an ), since the amendment is aga nnexure P-3), same cannot be su ed advertisement which is in th s for Graduation as per division,

and settled propositions of law order or direction, especially in ents to consider the petitioners isement/ public appointment not pondent no. 3, since the petition ntial for appointment as Element

8.06.2018 (Annexure P-3) issued C.T.E), but the petitioners are n an illegal and arbitrary manner e pendency of present writ petiti advertisement/ public appointm may kindly be stayed during he alternative the respondents m of the petitioners provisionally 226/227 of the Constitution of In rari for quashing the Punjab St up C Service (First Amendme Advertisement dated 30.07.20 ainst the NCTE notification da stain, and also to quash the crite he teeth of the statutory Rules whereas under rules the criteria

w as for tice ners tary d by not r. ion, ment may y, in ndia tate ent) ated eria by

selection is, m advertisement c position of law. directing the S qualifications as P - 3) as eligible when the depar Cadre) Group -C qualification as effect that NCT the State and sa stands recognize

It i ahead with sele advertisement d Impugned Rule and factual pos issued by NCTE statutory rules w part of selection CWP-2176-202

Issu State Elementar Rules 2021 (A

30.07.2021 (Ann

marks obtained in the written contrary to the statutory rules ca It is further prayed that a writ in State-respondents hold the can s laid down by the NCTE notific e for the selection and appointm rtment in terms of Punjab State C Service Rules, 2018 (Annexu valid and recognized and also i TE being Central Act, its notifica ame cannot be against the same ed, the same cannot be varied. s further prayed that the respond ection and appointment proces dated 30.07.2021 (Annexure P s dated 27.07.2021 (Annexure P ition especially the notification E & law, further more criteria which cannot sustain alternative n process during the pendency of uance of a writ in the nature of ry Education (Teaching Cadre) G Annexure P-4) along with co nexure P-7).

examination any criteria in annot sustain in view of the sett n the nature of Mandamus be issu ndidates possessing the minim cation dated 28.06.2018 (Annex ment for the post of ETT, especia Elementary Education ( Teach ure P-2) had duly accepted the s in view of the law laid down to ations will have binding effect o e and further once the qualificat dent State be restrained from go ss Impugned in pursuance to P-1), issued in pursuance to P-4) since are contrary to the l dated 28.06.2018 (Annexure P in the advertisement is against ely, it is prayer petitioner permit f this writ petition. f Certiorari for quashing the Pun Group C Service First Amendm onsequential Advertisement da

tled ued mum xure ally hing said over tion oing law P-3) t to njab ment

The the department Group C Service

2.

Sin petitions, there petitions menti

3.

SU

i) contends and have action of and B.Ed process f impugned Service F dated 30. B.Ed deg with the teachers. requireme therefore, cadre.

ii) 2021) con

e selection and appointment for in terms of Punjab State Elem e Rules 2018 (Annexure P-2). nce the similar issue is invo efore, vide this common judge ioned above.

UBMISSIONS OF THE LEARN Mr. R.S.Bains, Sr. Advoca that the petitioners are qualified cleared the PSTET-1 examinati the respondent -State in exclud degree from a recognized unive for the post of Elementary Trai d Punjab State Elementary Edu First Amendment Rules 2021, da

07.2021 for 6635 ETT vacancie grees. He further contends that N authority to determine and up The decision to allow B.Ed deg ent, is within the scope of , prays to direct the State to inc Mr. Rajiv Atma Ram, Sr. ntends that all the petitioners pos

r the post of ETT especially wh mentary Education Teaching Ca olved in all the connected w ement, we dispose of all the w NED COUNSELS ate (in CWP No. 25514 of 20 d teachers possessing B.Ed degr ion. They are aggrieved against ding the candidates with graduat ersity for selection and appointm ined Teachers (ETT) by virtue ucation (Teaching Cadre) Group ated 27.07.2021 and Advertisem es, which excluded candidates w NCTE, as an expert body, is ves date educational qualifications gree holders with the Bridge Cou NCTE's regulatory powers. H clude B.Ed degree holders in E Advocate (in CWP No.17740 ssess the qualifications of 10+2/B

hen adre writ writ 022) rees tion ment e of p C ment with sted for urse He, ETT 0 of

Elementa Teachers squarely c C.A No. Others de of 2024) d writ petiti

iii) (in CWP B.Ed qua possessed was one appointm therefore, be taken a case also Bridge Co cannot be contends

iv) Mr No.17740 B.Ed qua time of developm process ch

ry Teaching Training (ETT) co Eligibility Test. He further covered by the judgment passed 5068 of 2023 titled as 'Devesh ecided on 11.08.2023 and subseq decided on 08.04.2024. Therefo ion in the same terms. Mr. Vikas Chatrath, Advo P No.17740 of 2021) contends alified candidates and a large d the qualification of B.Ed have of the essential feature for ment as ETT Teachers in terms of , the rights of said candidates sto away since order passed in revi holds that the candidates who s ourse , whereas the candidates w e denied appointment being an e that the respondents are entitled r. Arjun Shukla, Advocate for 0 of 2021) contends that respo alification and were eligible as issuance of advertisement, n ments. Therefore, he prays for th hallenged in the present writ peti

urse and have passed Punjab St contends that his writ petition d by Hon'ble the Supreme Court h Sharma Vs. Union of India a quent clarification (Diary No. 43 ore, he prays for the disposal of cate for respondent Nos. 11 to that respondent Nos. 11 to 24 number of candidates who h e passed the Bridge Course , wh r the purposes of selection a f the notification issued by NCT ood crystalized and the same can ew application in Devesh Sharm stood appointed would have to p who have passed the Bridge Cou exception carved out. Therefore, to the protection. respondent Nos. 6 to 10 (in CW ondent Nos. 6 to 10 are possess per prevalent service Rules at notwithstanding subsequent le heir appointment in the recruitm ition(s).

tate n is t, in and o 24 are ave hich and TE , nnot ma's pass urse , he WP sing egal

4. SUBMIS

Per Punjab c better qua

28.06.201 appointed vide judg Supreme Devesh S Court) 38 view of th contends however,

¶5We have of these petition

6. THE UN

i)

Nat

28.06.2018, whi

F. conf and of n by

SSIONS OF LEARNED STATE r contra, learned State Counsel contends that it is the prerogativ alification for any post. He furth 18 of N.C.T.E, which made the d as E.T.T. Teachers has been qu gment dated 25.11.2021, which Court of India vide judgment Sharma Versus Union of Ind 895] . Therefore, he prays that he judgment passed in Devesh that the State has already no result has been declared till d heard learned counsel for the pa ns. NDISPUTED FACTS tional Council for Teachers E ich is reproduced as under:- NOTIFICA New Delhi, the 2 No. NCTE-Regl 012/16/2018 nferred by sub-section (1) of Sect d Compulsory Education Act. 20 notification number S.O. 750(E), the Department of School Edu

E COUNSEL:- Mr. Maninder Singh, Sr. DA ve of the appointing authority to her contends that notification da B.Ed degree holders eligible to uashed by High Court of Rajasth h has been upheld by the Hon' t dated 11.08.2023 in the case dia And Ors [2023 AIR (Supre the writ petitions be disposed o Sharma's case (supra). He furt completed the selection proce date. arties and perused the whole rec ducation issued notification da TION 28th June, 2018

¶8- In exercise of the pow tion 23 of Right of Children to F 009 (35 of 2009) and in pursua , dated the 31" March, 2010 issu ducation and Literacy, Ministry

AG, fix ated o be han 'ble e of eme f in ther ess, cord ated wers Free nce ued

Hum Cou furt 03/ Aug

(1) afte Ele be i

"Gr (B.E

¶2I sub

"(a) any as a teac Ele suc

Not Ind vide

man Resource Development, G uncil for Teacher Education (N ther amendments to /20/2010/NCTE/(N&S), dated th Gazette of India, Extraordinary gust, 2010, hereinafter referred t In the said notification, in par er the words and brackets "Gra ementary Education (by whateve inserted, namely:- O raduation with at least 50 % m Ed.)" In the said notification in para b-para shall be substituted namel ) who has acquired the qualifica y NCTE recognized institution sh a teacher in classes I to V prov cher shall mandatorily undergo ementary Education recognized ch appointment as primary teach SAN [AD te: The Principal Notification dia, Extraordinary, Part III, Sect e number 64-03/20/2010/NCTE

Government of India, the Natio NCTE) hereby makes the follow notification number F.N. he 23rd August, 2010, published y, Part III, Section 4, dated the 2 to as the said notification namely ra 1 in sub-para (i), in clause aduation and two year Diploma er name known), the following sh OR marks and Bachelor of Educat a 3, for sub-para(a), the follow ly:- ation of Bachelor of Education fr hall be considered for appointm vided the person so appointed a o a six month Bridge Course by the NCTE within two years er". NJAY AWASTHI, Member Secy. DVT.-III/4/Exty/121/18-19] was published in the Gazette tion 4, dated the 25th August, 20 TE(N&S), dated the 23rd Aug

onal wing 61-d in 25th y:-

(a) a in hall tion wing rom ment as a in s of e of ust,

29t

As for appointmen month Bridge C years of their ap

ii)

The Group 'C' Servi reproduced as un

No. G.S.R conferred by the powers enabling following rules f Cadre) Group 'C

¶1(1) Thes (Teaching

(2) They publicatio

*

10 and amended vide number th July, 2011. per the above notification B.Ed nt as ETT Teachers, subject to Course in Elementary Education ppointment as primary teacher. e State of Punjab vide notific ice Rules, 2018. The relevant p nder:- GOVERNMENT OF DEPARTMENT OF SCHOO (Education-V Bra

NOTIFICATIO

The 27th July, 2 R 98/Const./Art.309/Amd. (2)/ e proviso to Article 309 of the C g him in this behalf, the Governo further to amend the Punjab Stat C' Service Rules, 2018, namely:- RULES se rules may be called the Pu g Cadre) Group 'C' Service (Firs shall come into force on and on in the Official Gazette. *

*

*

61-1/2011/NCTE(N&S), dated d qualified candidates were eligi their mandatorily undergoing n recognized by the NCTE, withi cation dated 27.07.2021, amend portion of the said notified Rules PUNJAB OL EDUCATION anch) ON /2021. In exercise of the pow Constitution of India, and all ot or of Punjab is pleased to make te Elementary Education (Teach - unjab State Elementary Educat st Amendment) Rules, 2021. with effect from the date of th

*

ible six in 2 ded s is wers ther hing tion

"3. Eleme Trained Teacher

entary Hundred

per cent

(1) Should have passed Graduation with minimum fifty-five per cent marks in case of General Category candidates, and fifty percent marks in the case of Scheduled Castes, Scheduled Tribes, Other Backward Classes, Backwar Classes and Physically Handicapped candidates, from a recognized university institution: Provided that the candidates who have done or doing the Elementary Teachers Traini course (or have done this course with other nomenclature), with 10+2 qualification, shall be considered for appointment into the Service under these rules, as a one-time meas till the 1st day of April, 20 in order to remove the hards of those candidates, who hav acquired the said qualificati under the previous rules; and

(2) should possess two years Elementary Teachers course from a recognized university or institution or two years Diploma in Elementary Education (By whatever name known)"

KRISHAN KUMAR Secretary to Government of Punjab, Department of Schoo Education.

d y or s, ing sure 022, ship ve ion d

y "

iii)

In Punjab advertis advertisement d

Ph

can dep

¶18D.P RE Ca

1.

S N

1.

3.

4.

5.

6.

7.

view of the above-mentioned a sed 6635 posts of ETT Teac dated 30.07.2021 is reproduced a (Model) Senior Secondary S hase-3B-1, Mohali Website www Public App (Posts of Teacher in (Punjab Act N Advertisement No.5/2-2021 R Dated: 30.07.2021 Online applications a ndidates for filling up 6635 post partment www.educationrecruitm

08.2021 by the Punjab Educatio P.I. (Ele.Edu.)'s, Punja ECTOGENL/91/2021/2020456/20 tegory-wise break-up of these po Category wise break-up of th Sr. No. Category General Scheduled Caste (M&B) Scheduled Caste (R.& O.) Scheduled Caste (Ex.-Ser (M&B) Scheduled Caste (Ex-Ser (R&O) Scheduled Caste (Spor (M&B) Scheduled Caste (Sp (R&O)

amended Rules, 2021, the State chers on 30.07.2021. The s s under :- School, (Microsoft Building) w.educationrecruitmentboard.com pointments Disadvantage Area) No. 12 of 2021) R.D.(2)/2021258828 are being invited from the eligi ts of E.T.T. cadre on the website mentboard.com w.e.f. 03.08.2021 on Department in accordance w ab memo No. DPIE DATED

30.07.20 osts is as under:- he posts:- Number of posts

(a) res W (F 2588

rvicemen) 133 rvicemen) 132 rtsmen ) 33 portsmen) 33

e of said m) ible e of 1 to with EE-

¶021Posts erved for Women From (a)

8.

9.

10.

11.

12.

13.

14.

2.0

Backward Classes Backward Classes (Ex-Ser

Sportsmen (General)

Freedom Fighters

Ex-servicemen (General)

Physical Handicapped

¶1Visual Impaired

¶2Hearing Impaired

¶3Orthopedically Disabled

¶4Intellectual Disability ( Autism and one percent learning disability and illness Or Multiple disability spec Serial No.1 to 4 above, deaf-blindness)

Economically Weaker Se General Category

Academic Qualifications:-

(i) These posts shall be qualifications containe Education (Teaching 2018 and (Teaching Service Rules, 2018, Teacher in Disadvant No. 12 of 2021) date G.S.R.98/Const/Art-30 2021 containing am Elementary Education Service Rules, 2018 possess the following q

(ii) Should have passed 1 institution:

(iii) Should possess two ye Course from a recog two years Diploma

rvicemen) 133 d (including t specific d mental cified in including ection for 663 filled as per prescribed essen ed in "The Punjab State Element Cadre) Group C Service Ru Cadre) Border Area Group The Punjab Education (Posting tage Area) Act, 2021 (Punjab ed April 5, 2021, Notification N 09 /And. (2)/2021 dated 27th Ju mendment in the Punjab St n (Teaching Cadre) Group

¶8Concerned candidate sho qualifications:- 10+2 from a recognized Board ears Elementary Teachers Train gnized University or Institution in Elementary Education

ntial tary les, p C g of Act No. July, tate "C" ould d or ning or (By

3.

whatever name known) Besides above educational have passed Punjab State Te Punjab Govt. under Right of Education Act, 2009 and for te:-The candidates who posses e last date for applying the post a Mode of selection:-

(i) A written test (obj marks shall be co posts. The cand academic/professio conditions, their me of written test and qualification.

(ii) The marks for high as under-Graduati In Seco In Thir (If more than one can written test, then the will be kept higher in more than one candid who is having higher p Degree, he will be ke marks for higher qual those candidates who f for direct recruitment f

). qualifications, candidates sho eacher Eligibility Test conducted f Children to Free and Compuls the post of E.T.T. Teacher. ss the requisite qualifications u are advised to fill the form. jective type) of State Level of 1 onducted for recruitment of th didates who fulfil prescrib onal qualifications besides ot erit shall be prepared on the ba d after adding marks for hig her qualification shall be award on - In First Division 5 Marks ond Division = 3 Marks rd Division -2 Marks ndidate secure equal marks in candidate who is elder in age, the merit and if marks and age date are equal, then the candid percentage of marks in professio ept higher in the merit. Additio lifications will be awarded only fulfill the prescribed qualificati for the post of E.T.T. Teachers.

ould d by sory upto hese bed ther asis gher ded he e of date onal onal y to

4.

5.

6.

Pay scale of the posts The Pay Scale/Mat allowances) will be School Education De notification No.

21.10.2020. Age limit

(i) As on 01.01.2021, age

(ii) Relaxation in upper a rendered in Govt. Sc Punjab will be admiss Provider /Education A.I.E. Volunteers and Volunteers in accorda Department, Punjab Edu.7/301/4 dated 11.

(iii) Relaxation in upper admissible to candida and Backward Classes

(iv) The upper age limit fo other States and Centr

(v) The upper age limit f Punjab State will be 42

(vi) Relaxation in age upto handicapped person's

(vii) For Ex-Serviceman of in Defence Forces will and the balance age conditions above. Processing Fees for applicat

trix of Rs.29200 (without a admissible as per Punjab Go epartment (Education-4 Branch 1301/2020-5Edu.7/277 da e should be between 18 to 37 yea age limit equivalent to the serv chools of Education Departme ible to Shikhya Provider/Educat Volunteers, E.G.S. Voluntee d Special Training Resource (ST ance with Punjab Govt., Educat notification No. 13/01/2020

11.2020. age limit of 5 years will ates belonging to Scheduled Cas s of Punjab State, for the employees of Punjab Go ral Govt. will be 45 years. for widows and divorced women 2 years. o 10 years will be admissible to domicile of Punjab State. f Punjab State, their service per l be reduced from their present a will be taken into account as p tion

any ovt., h)'s, ated rs. vice ent, tion ers, TR) tion /5 be stes ovt., n of riod age

7.

¶1For General and Rs.1,000/-

¶2Reserved category (

¶3Ex-Serviceman (Self te:-

(a) The Ex-Serv from payme that they ar service by th before comp request. The will have to time of scr have to sub

(LDC).

(b) The handica Punjab wil applicable belong.

(c) No candida the payment and in the e candidature

(d) The candid documents w General Conditions

(i) The candidates who reservation for Schedule Ca should be clearly mentioned the competent authority. The and OBC categories, in wh husband is mentioned, at the

d other category candidates (SC/ST)

: Rs.500 f)

: Nil vicemen (Self) will be exemp ent of fees subject to the condit re not retired or discharged fr he Central Govt. during service pleting their tenure or on their o e dependents of the Ex-Servicem pay the prescribed fees and at rutiny of original documents w bmit Lineal Descendent Certific apped candidates and domicile ll have to deposit fees as to the category to which t te will be exempted/relaxed fr of fees except Ex-Serviceman (s event fees is not deposited, then shall be treated as cancelled. dates at the time of scrutiny will submit receipt of fees. o want to avail the benefit astes and Backward Classes, ca in their caste certificates issued female candidates belonging to hose certificates the name of th e time of scrutiny of documents su

: 0/- pted tion rom e or own men will cate e of is they rom self) his of of aste d by SC heir

female candidates will hav which the name of their fath has been mentioned. In ca certificate, then her claim fo may be, will not be conside Scheduled Caste or Backwar given in accordance with Pu Classes (Reservation in Se selection will be subject t Supreme Court in pending S C.W.P. No. 18290 of 200 Devinder Singh and others.

(ii) The Backward Class C the candidate does not fall un benefit of Backward Class, th of documents will be require application to the effect tha status and he does not fall wi

(iii) The benefit of reservat available to the candidate d candidate himself is not a reservation will be available Such Ex-Servicemen/depende scrutiny of documents will pr issued by competent authority

(iv) The candidate seekin Freedom Fighter category certificate at the time of scr by competent authority in ac No. 16/57-97-8P-3/SP 503 d

(v) The candidates seek Sportsman category will be which should have been is

ve to produce such certificate her belonging to SC/OBC categ ase, she does not produce su or SC or OBC category, as the c ered. The benefit of reservation rd Class, whichever may be, will unjab Scheduled Caste & Backw rvices) Act, 2006, however, th to final decision of the Hon SLP (Civil) No. 23507 of 2010 09, Punjab Govt. and others Certificate will be treated valid, nder the creamy layer. To avail he candidate at the time of scrut ed to submit declaration alongw at there has been no change in ithin the creamy layer. tion for Ex-Serviceman will only domicile of State of Punjab. If n Ex-Serviceman, then benefit e to dependents of Ex-Servicem ents of Ex-servicemen at the time roduce requisite original certific ty. ng benefit of reservation un will produce requisite origi rutiny of original documents issu ccordance with Punjab Govt. le dated 27.11.2000. king benefit of reservation un required to produce the certific ssued by the Directorate, Spo

e in gory uch case for l be ard heir 'ble 0 in Vs. till tiny with his y be t of men. e of cate nder inal ued tter nder cate orts,

Punjab indicating gradation only the sports merits wi prepared as per rules issued

(vi) Reservation under H accordance with the Punjab and Children Development S.S./1252 dated 02.05.199 3DC/1588894/1 dated 03.10 will produce Disability Ce issued by the competent a applying, same shall be pr documents. The Disability C lower disability limit of 40% The certificate should also employment/prescribed post. issued by Civil Surgeon or M

(vii) These posts shall be fil Civil Services (Reservation fo notified on 21.10.2020 and 2

(viii) These posts shall be Govt., Social Justice, Empow No. 1/24/2020-RC1/775-775

(ix) The reservation policy w by the Punjab Govt. from tim

(x) The benefit of reservati domicile of State of Punjab.

(xi) The candidate will be co he has filled the form and wi which he has deposited the f shall not be considered at any

(xii) The candidates of libe form in their category.

n therein. In the Sports categ ill be considered which will by Directorate Sports, Punjab. Handicapped quota will be b Govt., Social Welfare & Wom Department letter No.10/26/9 97 and letter No. 1/26/20

0.2019. The interested candida rtificate which should have b authority before the last date roduced at the time of scrutiny Certificate should contain upper % or above 40% permanent/part contain that he is fit for pub . This certificate should have b Medical Officer authorized by him lled in accordance with the Punj for of posts for Women) Rules, 20

29.12.2020. filed in accordance with Punj werment & Minority, Punjab le dated 18.12.2020. will apply as per conditions issu me to time. ion will be available only to onsidered in the category in wh ill be treated under that category fee/confirmed. Change in categ ny stage. erated category will fill up onl

gory be in men 95-5 017-ates een for y of r or tial. blic een m. njab njab tter ued hich y in gory

(xiii) The benefit of reservati category in accordance w Department, Punjab (Refere RC1/700 dated 3010.2020 dated 18.03.2021).

(xiv) The candidate should standard.

(xv) The joint seniority of ma

(xvi) The number of posts decreased by the Govt.

(xvii) The candidates are ad while taking assistance of application. The candidate changes in the form once the the candidate and no further be provided. No request in th department. (xviii) No right for appointm on account of submission of for scrutiny of documents.

(xix) The decision taken Directorate Punjab regardi and will apply to all.

(xx) The candidate should m address, his bank account nu the branch etc. while filling h

(xxi) The handicapped cand Punjab will deposit fee to submission of certificate mandatory at the time of scru

(xxii) The candidates are themselves after going recruitment. For the update

ion for Economical Weaker Sect with instructions issued Welf ence is made to letter No. 1/3/20 and letter No. 1/3/2019-RC1/1 have passed Punjabi upto Ma ales and female will be prepared. advertised can be increased dvised to fill up the form themsel cyber cafe for submitting onl will not be allowed to make a e form is filled up and approved opportunity for any correction w his regard will be considered by ment will vest with candidate sim f application for the post or call by the Education Recruitm ng this recruitment shall be fi mention his mobile number, e-m umber, IFSC code of Bank, name his form online. didates having domicile of State which category he belong. T of concerned category will utiny of documents. advised that they should ap through the details regard es, they should check the webs

tion fare tric . or lves line any d by will mply ling ment final mail e of e of The be pply ding

www.educationrecruitmentb type of information will be p website of the department. Notice /additional informa publishing in the newspapers (xxiii) The concerned cand Contributory Pension Schem PP2/650 dated 12.01.2004 is

(xxiv) The department re advertisement due to any rea

(xxv) The candidate will b mistake while filling the Recruitment Directorate, Pu respect.

(xxvi) Only those Govt, appointment where concern certified no disciplinary pro the employee or under Punj Appeal) Rules, 1970 or unde may be, has not been awarde any case or undergoing impr integrity and professional mi (xxvii) Regarding EWS res have been issued in terms of P.P. /1548834/1 dated 15.08

IMPORTANT NOTE :-

(a) The educational/pr of candidates should h last date for submissio different categories viz requisite certificates

board.com from time to time. A provided to the candidates on Any type of information Pub ation shall not be provided s. didate will be covered under n me as per Notification No.11/94 ssued by the Govt. eserves its right to cancel ason. be personally responsible for a e form online. The Educat unjab will not be responsible in t employees will be eligible ned Head of the Department ceedings are contemplated agai njab Civil Services (Punishment er any applicable rules as the c ed any punishment or facing tria risonment or is unfit on accoun isconduct. servation, fresh certificate sho of Govt. Notification No.8/2/201 .2019. rofessional qualification certific have been prepared on or before on of application. The certificates z. S.C/S.T., Handicapped and ot etc. for availing the benefit

Any blic by new 402-any tion this for has inst t & case al in t of ould 9-3 cate s of ther

reservation will submission/checking Thereafter, no request The candidates are ad requisite certificates/d can show certificates/ No separate time/op preparation of certifica

¶8Procedure for applying on

a. Website www.educationrec b. The candidate will get h candidate wants to apply fo submit different applications any candidate applies und numbers, first registration n cancelled. c. First of all candidate wil above website. For the purp will first go on the above Registration and requisite registration is done, no infor can be update/edit. After re help of registration numbe account. The candidate can can deposit of fee online. d. After confirmation of fee, his application form and kee there is no need to send th document by post to this off sent on demand.

be treated valid af thereof at the time of scruti t of any candidate will be accept dvised that they should got prepa documents in advance so that t /documents at the time of scruti pportunity shall be granted ate after scrutiny of documents. nline cruitmentboard.com himself registered for once. If a or more than one category, he w s under one registration number der more than one registrat number (if any) shall be treated ll get done his registration on pose of registration, the candid e website and will click on N information be filled. Once rmation with respect to registrat egistration, the candidate with er and password will login click the link "application fee" a the candidate must take printou ep it safely. It is also clarified t he application form or any ot ffice. Any document should only

fter iny. ted. ared they iny. for any will r. If tion d as date New tion his and ut of that ther

As candidates were B.Ed qualified Others Vs. State Sharma & Ors. considered and Government Ru candidates for a challenged the whereby they w further selectio application mov

30.07.2021, for

e. The candidate at the time self attested photograph and

IMPORTANT DATES

The last date for depositing f

05.00 P.M.).

per the above reproduced a e eligible to apply, whereas, B candidates filed CWP-15486-20 e of Punjab and Others' and CW Vs. State of Punjab and Others appointed as ETT Teachers, ules, 2021, dated 27.07.2021, w appointment as ETT Teachers. advertisement dated 30.07.202 were excluded from being appoin on process was stayed vide ved by the eligible candidates r vacation of interim order da

of applying online will upload o scanned signatures. fee online will be 18.08.2021 (up Sd/-Assistant Director, Education Recruitment Directorate, Punjab

30.07.2021

advertisement only ETT qualif .Ed qualified candidates were n 021, titled as 'Harwinder Singh WP-16213-2021, titled as 'Manis s' in this Court claiming right to they also challenged the Pun which do not permit B.Ed qualif Since, B.Ed qualified candida 1 and the Rules dated 27.07.20 nted. While issuing notice of mot order dated 29.10.2021. On s as per the advertisement da ated 29.10.2021, this Court wh

one pto fied not. h & sha o be njab fied ates tion an ated

admitting the w

29.10.2021 and advertisement d subject to the fin

7.

SU PR

There are

(i) On Cad con is i B.E NC

(ii) Sec issu Fur sele

8.

AN

i)

Th dated 28.06.201 Court quashed t titled as Rajende Education and O

writ petitions vide order dated 1 d directed that all appointme dated 30.07.2021 against 6635 nal outcome of the litigation. UBJECT MATTER FOR CONS RESENT WRIT PETITIONS e two sets of writ petitions in the ne challenging the Punjab State dre) Group-C Service (First Am nsequential Advertisement dated in breach of NCTE notification Ed candidates to participate in CTE notification dated 28.06.201 cond for quashing the impugn ued by the National Council rther, for not allowing the B.E ection process in view of the adv NALYSIS he National Council of Teache 8 was challenged before Rajasth the same vide its judgment date er Singh Chotiya and Others Vs Others.

16.05.2022 vacated the order da ents made in pursuance of posts of ETT Teachers shall SIDERATION IN THE present Bunch of cases. e Elementary Education (Teach mendment) Rules, 2021 alongw d 30.07.2021, since the amendm dated 28.06.2018. Further to all the selection process in view

¶8ned notification dated 28.06.20 of Teachers Education (NCT Ed candidates to participate in vertisement dated 30.07.2021. ers Education (NCTE) notificat han High Court and Rajasthan H ed 25.11.2021, in CWP-1853-20 . the National Council for Teach

ated be hing with ment low w of TE). tion High

ii)

The Supreme Court Union of India appeals, dismis Rajasthan High quashing of noti

iii)

The reproduced as un

¶25app we Dev dat No.

¶3not Tea und refe elig (cla adv

e matter went upto the Hon'b vide its judgment dated 11.08. a And Ors [2023 AIR (Suprem ssed the appeals and upheld th h Court. Meaning thereby, Ho ification dated 28.06.2018. e relevant portion of Devesh nder :- " 2. A Division Bench judgm

11.2021, is under challenge b peals, there are three Writ Peti e same issue. All the same, while would be referring to Civil App vesh Sharma v. Union of Ind ted 25.11.2021 passed by the Hig . 2109 of 2021. What lies at the core of the tification dated 28.06.2018, iss acher Education (hereafter `NCT der Section 23(1) of the Right to ferred to as the `Act'). This notif gible for appointment to the asses I to V). All the same, insp e Board of Secondary Educatio vertisement on 11.01.2021, for

ble Supreme Court. The Hon' .2023 in Devesh Sharma Ver me Court) 3895] along with ot he judgment dated 25.11.2021 on'ble Supreme Court upheld h Sharma's judgment (supra) ment of Rajasthan High Court, da before this Court. Apart from tions as well before this Court, e dealing with these cases, for fa peal @ SLP (C) No.20743 of 20 dia, which arises out of the or gh Court in D.B. Civil Writ Petit dispute before this Court is sued by the National Council TE'), made in exercise of its pow o Education Act, 2009 (hereinaf fication made B.Ed. degree hold post of primary school teach pite of the above notification, wh on, State of Rajasthan, issued Rajasthan Teacher Eligibility T

'ble rsus ther of ) is ated on cts, rder tion for wers fter ders hers hen an

(RT elig cha has was file tha vio

¶4A pet are was leve can Cou The of Cou [1* diff refe

¶5O and and and

TET Level-1), it excluded B.Ed gible candidates. This action o allenged before the High Court. s a B.Ed. degree, and as per the s eligible, like many other sim ed his petition before the Rajasth at the advertisement dated 11.0 lation of the notification dated 2 Apart from the above batch of p titioners, with their own grievan e diploma holders in Elementary s the only teaching qualification el, and who are aggrieved by ndidates. They too filed Writ Pe urt challenging the legality of e State of Rajasthan understand candidates before the High Co urt. * It is possible that this diploma i fferent States. It is for this reason ferred as a diploma in elementary Out of the three writ petitions be d 881 of 2022) are challenging d the subsequent notifications is d U.P. respectively calling for ap

d. degree holders from the list of the Rajasthan Government w The petitioner Shri Devesh Shar e Notification dated 28.06.2018, milar candidates. Consequently, han High Court, inter alia, pray

01.2021 be quashed, as it was

28.06.2018 issued by the NCTE. petitioners, there was another se nce. These are the candidates w y Education (D.El.Ed.) [1*], wh n required for teachers at prim y the inclusion of B.Ed. qualif etitions before the Rajasthan H the notification dated 28.06.20 dably supported these second ba ourt, as they would do before t is called by different names in n that at some place it may just b y education. ] efore us two (W.P. No. 137 of 20 g the notification dated 28.06.20 ssued by the Government of Bi pplications from eligible candida

t of was rma , he he ying s in et of who hich mary fied High

¶018atch this e har

inc not an pet

28.

¶6H NC ess tea jud B.E tea *

¶36dire Go evid mee wh Go wh of con

cluding B.Ed. W.P. No. 355 tification dated 28.06.2018. SLP interim order of the Calcutta Hi titioners who were seeking a

06.2018. Hence the question of law to be CTE was right in including B.Ed. ential qualification for appointm cher (Level-1)? The Rajastha dgment has quashed the notifi Ed. candidates to be unqualifie chers (Level-1).

*

* The introduction of B.Ed. as ections of the Central Govern vernment, as has been submitt dent from the sequence of ev eting and the order passed in th ich mandates that NCTE must f vernment in discharging of its ich binds NCTE. We have absolutely no doub the Government should norma nstitutional Court in exercise of i

of 2022 again challenges P (C) No. 22923 of 2022 is agai igh Court which denied relief to a stay of the notification da answered in these cases is whet . qualification as an equivalent a ment to the post of primary sch an High Court in the impugn cation dated 28.06.2018, hold ed for the posts of primary sch

*

* a qualification by NCTE on nment is a policy decision of ted before this Court, and is a vents, the minutes of the vari his regard. Section 29 of NCTE follow the directions of the Cent functions. It is a policy decis bt in our mind that policy decisi ally not be interfered with, by its powers of judicial review. At

inst ated ther and hool ned ding hool also ous Act tral sion ons

sam arb or min wit asp Jud irra hig Min (19 abo Del by "6. sub inte v. con whe

me time if the policy decision i bitrary and irrational, powers of A policy decision which is to a decision which has been tak nd, or in total disregard of releva th, as that also is the mandate pect has been reiterated by this C dicial review becomes necessa ationality or procedural imp ghlighted by Lord Diplock in C nister for the Civil Service (198 984) 3 WLR 1174 (HL) (comm ove decision has been referred lhi v. Sanjeev (2005) 5 SCC 18 this Court in State of M.P. & Or 8:- We also find ourselves unab bmission that this is a policy ma erfered with by the courts. In Fe Union of India [(2003) 4 SC nsidered the scope of judicial ere a policy is contrary to law o e Constitution or is arbitrary or eir constitutional duties by strikin

itself is contrary to the law and f judicial review must be exercise otally arbitrary; contrary to the la ken without proper application ant factors is liable to be interfe of law and the Constitution. T Court time and again. ary where there is an illegal propriety. These principles w Council of Civil Service Unions 84) 3 All ER 935 : 1985 AC 37 monly known as CCSU case). T by this Court in State of NCT

¶81This view was reiterated ag rs. v. Mala Banerjee (2015) 7 S ble to agree with the appella atter and, therefore, should not ederation of Railway Officers As CC 289] , this Court has alrea review and has enumerated t or is in violation of the provisions irrational, the courts must perfo ng it down..."

d is ed. aw, n of ered This lity, were s v. 74 : The T of gain SCC nts' t be ssn. ady that s of

In B reit inte "10 pol sum

(I) unc

(II) imp (III unr

(IV) or r

(V)

(VI) cla Sta form rev law jud arb and

Brij Mohan Lal v. Union of In terated on this aspect and mad erference to a decision is require

¶00Certain tests, whether this C licy decisions of the State, as s mmed up as: If the policy fails to satisfy the constitutional. ) The change in policy must be m pression that it was so done arbi I) The policy can be faulte reasonableness, arbitrariness or V) If the policy is found to be aga runs counter to the philosophy b ) It is dehors the provisions of the I) If the delegate has acted beyon

¶1Cases of this nature can be cl ss being the matters relating t ate and the second relating to f mer class of cases, the courts h view when the actions are arbit w of the land; while in the latte dicial review is far narrower. bitrariness, unfair actions or po d philosophy of law and policies

ndia (2012) 6 SCC 502 this Co de out a distinction as to where ed, and whereas it is not :- Court should or not interfere in stated in other judgments, can test of reasonableness, it would made fairly and should not give itrarily on any ulterior intention. ed on grounds of mala fid r unfairness, etc. ainst any statute or the Constitut behind these provisions. e Act or legislations. nd its power of delegation. lassified into two main classes: o to general policy decisions of fiscal policies of the State. In have expanded the scope of judic trary, mala fide or contrary to r class of cases, the scope of su . Nevertheless, unreasonablene olicies contrary to the letter, int s expanding beyond the permissi

ourt an be d be

des, tion one cial uch ess, tent

lim in t The for be sho But not Cen tha NC In t eve arg tak tea dec fac ens spe mea qua has only qua

mits of delegated power will be in to interfere with government poli e decision whether to include o teachers in primary school is a taken after proper study by th ould be better left to this expert b t as we have seen the decision to t an independent decision of NC ntral Government and NCTE wa at being a direction under Sect CTE followed. the present case and in the larg en see this as a policy decisi gument, even presuming for the ken at the Government level to i chers at primary level is a poli cision is not correct as it is con ct, it goes against the letter and shrined in the Constitution und ecific mandate of the Act, which aningful primary education to alification for teachers for prima s acted against the provisions of ly logic given by the Central G alification is that it is a `higher q

nstances where the courts will s icy." or exclude B.Ed. as a qualificat an academic decision, which has he academic body i.e. NCTE a body. o include B.Ed. as a qualification CTE, but it was the decision of as simply directed to carry it out tion 29 of NCTE Act, a direct ger context of the matter, we can ion. But without getting into t sake of argument that the decis include B.Ed. as a qualification icy decision, we must say that t ntrary to the purpose of the Act d spirit of the Fundamental Ri der Article 21A. It is against h calls for a free, compulsory a children. By including B.Ed. a ary school, the Central Governm f the Constitution and the laws. T Government to include B.Ed. a qualification'. This we have alrea

step tion s to and n is f the for tion nnot this sion for this . In ight and as a ment The as a

see to s of t In Go

¶28RTE prim The

¶28del Go obj Ha err for issu as wh ille had "..w ign

en is not correct. Under these cir say that the notification has righ the Division Bench of the Rajasth our considered opinion theref vernment dated 30.05.2018 cul

06.2018 of NCTE are violative TE Act. Not only this, the notifica e mandate of law, which is to p mary education to children. e entire exercise is also procedu

06.2018 is not an independent liberation, but it simply follo vernment, a direction which fa jective realities of the day. ving made the above determina e considered opinion that the S ror in not calling for application the reasons that till that time ued by the Rajasthan Governme eligible candidates as per the ich was binding on the Rajastha egal or unconstitutional by the d rightly observed as under :- we are of the opinion that the nored the notification while invit

rcumstances, we have no hesitat htly been quashed and the decis han High Court has to be upheld fore the direction of the Cent lminating in the notification da e of the principles as laid down ation goes against the purpose a provide a meaningful and `qual rally flawed. The notification da decision of NCTE taken after d ws the direction of the Cent ails to take into consideration ation we, all the same, are also State of Rajasthan was clearly ns from B.Ed. qualified candida when such an advertisement w ent, B.Ed. candidates were includ e statutory notification of NC an Government, till it was decla Court. The Rajasthan High Co State Government could not h ting applications for REET. Eve

tion sion d. tral ated n in and lity' ated due tral o of y in tes, was ded CTE, ared ourt ave

unc or s Wh pos Ma leg law

37.

¶25dat

iv)

Cla vide Diary No.4 Supreme Court v "On a ju The B.E they Hig wou B.E

e State Government was of the constitutional or for any reason set aside by a competent court b [Pa hat the Rajasthan High Court ha sition. In a recent three Judge j anipur & Ors. v. Surjakumar Ok 0 this position that a statute gislature is valid till it is declar w; has been reiterated. Consequently, the Appeals are

11.2021 of the Rajasthan High ted 28.06.2018 is hereby quashed arification application in Devesh 4383/2024 before the Hon'ble vide its decision dated 08.04.202 n 11th August, 2023, this Court udgment of the Rajasthan High e dispute involved in these proc Ed. Candidates to be appointed ey did not have D.El.Ed, which i gh Court had held that at the pr uld be D.El.Ed. qualification w Ed. The High Court had quas

opinion that such notification w illegal, the same had to be stay efore it could be ignored." ara 45 of the Impugned Judgeme ad stated above is the settled le judgment of this Court in State kram & Ors. 2022 SCC Online which is made by a compet red unconstitutional by a court dismissed and the judgement da h Court is upheld. The notificat d and set aside." h Sharma's case (supra) was fi Supreme Court. The Hon' 24 in the same observed as under t dismissed a set of appeals agai Court dated 25th November, 20 ceedings pertained to eligibility d as teaching staff in cases wh is a diploma course. The Rajasth rimary level, the eligibility crite which is a diploma course and hed a notification of the Cent

was yed ent] egal e of SC tent t of ated tion iled 'ble r:- inst

¶021y of here han eria not

Go qua and file Pra app pro cla app sub we of tha app deg foll resp be con emp app emp

vernment dated 28.06.2018 by alification for teachers at Prima d in a judgment delivered by t ed against the said judgment wer Now, an application has bee adesh, labelling it as an app plicant seeks for us to hold tha ospective application only. Tho rification, it is in the nature of plicant here is the State of Madh bject-matter of a large number are apprised that in some High Before us, two sets of parties the said judgment in its presen at it would result in loss of empl pointed as teachers in different S gree. It is submitted that they lowing a legitimate course as p pective appointing authorities w the only requisite qualification. Now, having considered th ntention of the B.Ed. applica ployment as per the qualific pointing authority, equity should ployment.

y which B.Ed. was included as ary level i.e. for class I to class this Court on 11.08.2023, appe re dismissed. en taken out by the State of Madh lication for clarification and at the said judgment ought to h ugh framed as an application a review petition only. Though hya Pradesh, the said dispute is of litigations in various states a Courts, the matters are pending s are there, one set wants retent nt form. The opposing side alle loyment to those who were alrea States on the strength of their B ey had entered their employm per the notification issued by which did not stipulate D.El.Ed hese factors and particularly ants that they had entered th cation criteria specified by d go in favour of retention of th

s a s V, eals hya ave for and . tion eges ady B.Ed ment d. to heir

pre tha act hav jud cla rev this pet our Art on jud Sup affi pre ple one wou was Ord sta

Two points have been urged esent applicant i.e., the State of at this application has been fra tually, an independent relief is ve referred to this aspect of dgment. In our opinion, this rification ought not to be enterta e only recourse for seeking alter view on legally permissible gro s application seeking clarificati tition for review. We are addres r jurisdiction that inheres in a ticle 129 of the Constitution of behalf of the parties who oppo dgment on the ground that proce preme Court Rules was not follo fidavits was being given. But h esent application, we did not con eadings. Otherwise also, convers e for clarification into a revie uld not be a fatal procedural fla e question as to whether the judg s not stated by us in the judgme dinarily a judgment acts retro ted to be otherwise. Moreover

d taking objection to the plea of f Madhya Pradesh. The first one amed as one for clarification a asked for in this application. f the controversy earlier in t s kind of applications seek ained and if a final order is pass ration of the order is a petition und. Considering the pleadings ion, we treat this application a ssing this issue also in exercise Court of record, having regard India. A technical plea was rai osed prospective application of t edure for review as specified in owed and that no opportunity to f having regard to the scope of nsider it necessary to invite furt sation of an application labelled w petition at the time of hear aw. In the given facts, we find t dgment would be prospective or ent delivered on 11th August, 20 ospectively unless it is specifica r, this matter has been heard

f the e is and We this king sed, for s in as a e of d to ised this file ther d as ring that not

¶023ally

sev bee As had spe equ jud pro sha qua tha wh wer app stip sha this dat Me wil Mo app a B suc terr

veral occasions and the points ur en taken note of by us. it appears that a large numbe d already been appointed on ecified by the educational auth uitable to effect their removal dgment delivered by this Bench ospective operation. But prospe all be only for those candidates alification or conditions imposed at their appointment would be su ich might have had been institu re in regular employment with pointed in pursuance of a notice pulated to be valid qualification all not be disturbed because of th s benefit is only for the candidat te our judgment was delivered, o ere selection of such candidates o ll not entitle them for a benefit un oreover, the candidates hav pointments we are protecting in Bridge Course and we direct th ch course, which would be app ritory, within a period of one ye

rged by the respective parties h er of candidates with B.Ed. deg n the basis of eligibility crite horities, we do not think it to l. We, accordingly hold that on 11th August, 2023 shall h ective operation of this judgm s who were appointed without a d by any Court of Law to the eff ubject to final outcome of the c uted by them and such candida out any disqualification and w e of advertisement where B.Ed. w n. Services of only such candida his judgment. We make it clear t tes who were appointed prior to on 11th August, 2023. or their participation in the proc nder our present order. ving B.Ed. qualification wh this judgment, will have to unde he educational authorities to dev plicable for each state and un ear from today. This course shall

ave gree eria be ave ment any ffect case ates were was ates that cess ose rgo vice nion

only only par des Edu sam wit Fai wit aut sha cas Un Pen

9. SUMMA

On Augu the Rajasthan H held that the el diploma qualifi notification of C was included for

ly for those appointees who hav ly in the subject-posts under c rt of this order. National Cou sign such course under overa ucation, Union of India. Upon me shall be publicly notified an thin which the respective can ilure of any candidate to par thin the timeframe to be give thorities will invalidate the appo We also make it clear that th all not be confined to the applic ses which may be pending in diff ion territory on the same point o The present application stand nding application(s), if any, shal ARY OF DEVESH SHARMA'S st 11, 2023, the Hon'ble Suprem High Court's decision dated Nov ligibility criteria for primary sc ication and not a B.Ed. degre Central Government dated 28.06 r teachers at primary level.

ve been engaged with B.Ed. deg onditions stipulated in the ear uncil for Teacher Education sh ll supervision of the Ministry n formulation of such course, nd a timeframe shall also be gi ndidates shall participate there rticipate and complete the cou en by the concerned educatio intment of such candidate. he directions contained in this or cant state only and shall cover fferent judicial fora in any State of law. ds disposed of in the above term ll also stand disposed of." S CASE me Court dismissed appeals agai vember 25, 2021, whereby, it w chool teachers would be D.El. ee. The High Court had quash

6.2018 by which B.Ed. qualificat

gree rlier hall y of ven ein. urse onal rder all e or s. inst was Ed. hed

The State apply prospectiv this judgment sh qualification or appointment wo been instituted b any disqualifica where B.Ed wa further held that of this judgmen benefit is only f date when the ju of such candida benefit under th It w having B.Ed qua have to underg authorities to d Union Territory course shall be degree only in t this order. Nati course under ov Further direction same shall be p

e of Madhya Pradesh sought c vely. The Supreme Court clarifie hall be only for those candidate conditions imposed by any Co ould be subject to final outcome by them and such candidates w ation and were appointed in purs as stipulated to be a valid quali t the services of only such candid nt. The Hon'ble Supreme Cou for the candidates who were app udgment was delivered. It was f ates or their participation in the e present order. was further clarified by Hon'ble alification whose appointments a go a Bridge Course and a d device this course which would y within a period of one year f e only for those appointees wh the subject-posts under conditio ional Council for Teacher Edu verall supervision of the Minis n is given to the NCTE that up publicly notified and a timefram

clarification that the ruling sho ed that the prospective operation es who were appointed without a ourt of law to the effect that th e of the case which might have h were in regular employment with suance of a notice of advertisem ification. Hon'ble Supreme Co dates shall not be disturbed beca urt further made it clear that t pointed prior to 11.08.2023 i.e. further clarified that mere select process will not entitle them fo Supreme Court that the candida are protected by this judgment, w direction is issued to educatio d be applicable for each State a from 08.04.2024. Further that t ho have been engaged with B. ons stipulated in the earlier part ucation is directed to design su stry of Education, Union of Ind pon formulation of such course, me shall also be given within wh

ould n of any heir had hout ment ourt ause this tion or a ates will onal and this Ed. t of uch dia.

the respective c participate and concerned edu candidate. The contained in ord only and shall c any State or Uni

10.

CO

In v by Hon'ble Supr

(i)

(ii)

(iii)

(iv)

candidates shall participate the complete the course within th cational authorities will inva Hon'ble Supreme Court fur der dated 08.04.2024 shall not cover all cases which may be p ion Territory on the same point o ONCLUSION view of the above, since notific reme Court, therefore, this Court Since notification dated 28 Supreme Court in Devesh observing the same to be vio Right to Education Act, 200 same in the present writ petit

In view of the observation Devesh Sharma's case (s Education (Teaching Cad Amendment) Rules, 2021 da dated 30.07.2021 are upheld. ) The State of Punjab is dire process in consonance with a ) The State of Punjab is furth taking into consideration advertisement dated 30.07.20

erein. Failure of any candidate he timeframe to be given by alidate the appointment of su rther clarified that the directi be confined to the applicant St pending in different judicial fora of law. cation dated 28.06.2018 is quash t concludes as under :-

8.06.2018 is quashed by Hon' h Sharma's case (supra) a olative of principles as laid down 09, therefore, the challenge to tions is decided in the same term n of Hon'ble Supreme Court (supra) Punjab State Element dre) Group 'C' Service (F ated 27.07.2021 and advertisem . ected to complete the recruitm advertisement dated 30.07.2021. her directed to declare the result n eligible candidates as 021 forthwith.

e to uch ons tate a in hed 'ble fter n in ms. in tary First ment ment

t by

(v)

10.

The any, also stand d

(SURESHWAR

JUDGE

July 31, 2024 tripti

Wh

Wh

The State of Punjab is fu directions of Hon'ble Su Sharma's case (supra) in let

e writ petitions are accordingly d disposed of. R THAKUR)

hether speaking/non-speaking : S hether reportable

urther directed to implement upreme Court issued in Dev tter and spirit. disposed of. Pending application (SUDEEPTI SHARMA) JUDGE Speaking : Yes/No

esh n, if