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Supreme Court of India 2024-08-28

NAVIN KUMAR & ORS vs UNION OF INDIA & ORS. ETC

Bench: 2 — Sudhanshu Dhulia, Pankaj Mithal

In Brief

The Supreme Court dismissed Special Leave Petitions from B.Ed.-qualified teachers appointed in Chhattisgarh after the Court's Devesh Sharma judgment (11.08.2023) declared D.El.Ed. the only essential qualification for primary teachers, not B.Ed. The Court held that the prospective operation granted to protect prior appointees did not extend to candidates appointed after the judgment, especially where their appointment orders explicitly made retention subject to pending litigation. The Chhattisgarh High Court rightly disqualified these B.Ed. candidates, and the Supreme Court upheld this decision, clarifying that completion of selection before the judgment is immaterial—the appointment date determines protection.

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