Monu Kanwar Rathore vs. The State Of Rajasthan

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 27041/2023

(Arising out of impugned judgment and order dated 14-12-2022 in DBSAW No. 149/2022 03-02-2023 in SBCWP No. 1143/2023 03-02-2023 in SBCWP No. 15333/2022 passed by the High Court of Judicature for Rajasthan at Jodhpur)

MOHAN LAL & ORS. Petitioner(s)

VERSUS

THE STATE OF RAJASTHAN & ORS. Respondent(s)

(IA No.190402/2023-CONDONATION OF DELAY IN FILING and IA No.190406/2023-ADDITION / DELETION / MODIFICATION PARTIES and IA No.190404/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.190405/2023-EXEMPTION FROM FILING O.T. and IA No.190401/2023-PERMISSION TO FILE PETITION (SLP/TP/WP/..) and IA No.190403/2023-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS and IA No.190408/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 22-09-2023 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE SANJAY KAROL

For Petitioner(s) Mr. Sanyat Lodha, Adv. Ms. Sanjana Saddy, AOR Ms. Surbhi Arora, Adv. Mr. Satyam Srivastava, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

Permission to file Special Leave Petitions is granted.

Delay condoned.

The judgment of the High Court dated 14.12.2022 was passed in a bunch of writ petitions and the SLP (Civil) No. 6783 of 2023 filed against the said common judgment was entertained on 10.04.2023 by this Court and notice was issued with the following order: Digitally signed by NITIN TALREJA Date: 2023.09.23 10:36:02 IST Reason: Signature Not Verified

1

"Delay condoned.

Heard Mr. Rishi Malhotra, learned counsel appearing for the petitioner. It is submitted that the issue to be considered is whether it is the National Council for Teacher Education (NCTE) or the Rehabilitation Council of India (RCI) who is competent to prescribe the qualification for appointment of Special Education Teachers.

Adverting to the view taken by the Single Judge in the case of Pritam Kumar Tak vs. State of Rajasthan (S.B. Civil Writ Petition No.14481 of 2012 decided on 26.08.2014) which is affirmed by the Division Bench on 23.05.2017, the petitioners would contend that although the said decision was brought to the notice of the High Court, the learned Judge took the view that NCTE is the only and final authority to prescribe the qualification for appointment of Special Education Teachers. Additionally, the counsel would rely upon the decision in the case of Rajneesh Kumar Pandey & Ors. vs. Union of India & Others reported in 2021 SCC OnLine SC 1005.

Issue notice, returnable in six weeks.

IA No.69444/2023 for deletion of proforma respondents is allowed at the risk of the petitioners."

Issue notice.

Tag with SLP (Civil) No. 6783 of 2023.

IA No. 190406 of 2023, application for deletion of proforma respondents is allowed at the risk of the petitioners.

(NITIN TALREJA) (KAMLESH RAWAT)

COURT MASTER (SH) ASSISTANT REGISTRAR