Hearing the PIL, a bench headed by Justice Dhananjay Chandrachud, on October 11, asked the government to file an affidavit within four weeks.
The PIL, filed by Murari Ganeshdatta, a resident of Bhiwandi, argued that the state government had issued a circular and a GR, which not only went against the full bench decision of high court made in 2000 but also affected the future of children.
It had also held that those who do not have a D.Ed but were teaching at primary schools were not trained teachers.
However, the court gave them an opportunity to get D.Ed certificates by correspondence, the PIL further stated.
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But, despite the high court order, several teachers who had not obtained D.Ed certificates were allowed to teach in primary schools, the PIL added.
But, five days later, on November 12, it issued another GR which diluted the one circulated on November 7. That was followed by another order in 2011 which eventually nullified the November 12 GR of 2001.
Counsel for the petitioner, RR Tripathi, contended that the state government cannot issue a GR diluting the decision by a full bench of high court.