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2026 DIGILAW 165 (RAJ)

Anil Singh Son Of Shri Jay Singh v. State Of Rajasthan, Through Its Secretary, Education Department

2026-02-06

ANAND SHARMA

body2026
ORDER : ANAND SHARMA, J. 1. Learned counsel for the parties are in agreement that the issue involved in these writ petitions are squarely covered by judgment dated 28.11.2025 passed in D.B. Special Appeal (Writ) No. 214/2025 wherein, following directions have been given as under: "8. We are, however, not in agreement with the submissions raised by the learned Senior Counsel that even a graduate who has not done B.Ed in General Education, but has done Diploma in Special Education would be eligible for appointment as Level- II. The correct interpretation of the letter issued by the RCI to the State Government dated 26.07.2024 has to be read in consonance with the earlier letter dated 10.06.2022 issued by the RCI as quoted in the judgment passed by the learned Single Judge wherein, it has been clearly specified that for the middle stage Class 6 to 8 teachers, the qualifications would be as under: Levels Qualification Recruitment Process Minimum No. of Spl. Ed. Teacher Recommended PTR Remark Fourndational Stage (pre- school) Class 1 & 2) Primary Level 1. D.Ed. in Special Education from a RCI approved Institute and possess a valid RCI CRR number of Through CTET/TET/NTA Schore+Demonsteration of Class room teaching+Interview or as per the recruitment process and apted from time to time 10.1 (Pupils with disabiilties enrolled and special teacher) Availability of service of special education teacher should be mandatory even if the school has one student with disabilit y. Preparatiion Stage (Class 3 to 5) D.El.Ed. with a recognized qualification (Certificate/Diploma*) from a RCT approved institution equivalent to D.E.d in Special Education and possess a valid CRR number. 2. Six-month training of teaching in cross disability area in inclusive education. (**) One(***) 15.1 (Pupils with disabilities enrolled and special education teacher) Middle Stage (Class 6 to 8) Secondary Stage Class 9 to 12) Upper Primary+Seconday+Higher Secondary 1. B.Ed in Special Education from a RCI Approved Institute and possess a valid RCI and CRR number or B.Ed with a recognize qualification (Certificate/ Diploma*) from a RCI approved institution equivalent to B.E.d in Special Education and possess a valid RCI CRR number 2. Sixmonths traininng of teaching in cross diability area in inclusive education (**) 9. B.Ed in Special Education from a RCI Approved Institute and possess a valid RCI and CRR number or B.Ed with a recognize qualification (Certificate/ Diploma*) from a RCI approved institution equivalent to B.E.d in Special Education and possess a valid RCI CRR number 2. Sixmonths traininng of teaching in cross diability area in inclusive education (**) 9. Thus, what is necessary is that a person must possess a B.Ed qualification whether General or Special Education, if he posses B.Ed in Special Education, he need not further have any other requirement, however, he may be B.Ed in General plus he has recognized qualification namely Diploma or Certificate Course in Special Education for the purpose. The letter also reiterates the same, it only it reiterates that the candidate who possesses a Diploma in Education (Special Education B.Ed) would be also eligible for consideration for appointment. It does not in any manner say that the other qualifications would not be looked into. Thus, apart from D.Ed Special Education, the State would also examined whether the candidate possess B.Ed in General or not apart from being graduate. 10. We therefore, conclude that the Sate Government shall now consider all the candidates who have applied for the post who possess B.Ed in General along with Diploma in Special Education as a sufficient qualification for appointment, all such candidates would be considered according to their merit, and be given appointment as soon as possible, preferably, the exercise may be done within a period of two months henceforth. 11. In accordance with the litigation policy, we would advise the State Government to apply this judgment to all the candidates who have applied in stead of forcing them to come for further litigation before this Court, therefore, this judgment shall be applied to all the candidates. 12. In view of the aforesaid, the appeals stand disposed of accordingly." 2. Shri Sandeep Shekhawat, learned counsel for the petitioners in S.B. Civil Writ Petition No. 10871/2015, although accepted the fact that the Division Bench has decided the issue vide judgment dated 28.11.2025, yet contended that the relevant circular has wrongly been interpreted by the Division Bench. In this regard, it is sufficient to observe that the Writ Courts sitting in Single Bench cannot review the judgment passed by the Division Bench. 3. In this regard, it is sufficient to observe that the Writ Courts sitting in Single Bench cannot review the judgment passed by the Division Bench. 3. In view of above consensus between learned counsel for the parties, the writ petitions filed by the petitioners are disposed of accordingly in light of the above judgment of the Division Bench. 4. Pending application(s), if any, shall stand disposed of. 5. A copy of this order be placed on record of each writ petition.