J. K. MAHESHWARI, RAJESH BINDAL
Parimal Kumar – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. high court judgment on eligibility (Para 2) |
| 2. background of the case (Para 3 , 4 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. rte act and ncte guidelines (Para 5) |
| 4. high court's interim order (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 5. court's reasoning on eligibility (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64) |
JUDGMENT :
1. Leave granted.
3. The instant appeals arise out of the judgment dated 20.12.2023 of the High Court of Jharkhand at Ranchi, permitting the private respondents who were residents of Jharkhand and cleared the Central Teacher Eligibility Test (the “CTET”) or neighbouring states’ Teacher Eligibility Test (the “STET”) to participate in the recruitment process for the post of Assistant Teacher in Primary and Upper Primary schools in the State of Jharkhand in furtherance to Advertisement No. 13 of 2023. The appellants have cleared the Jharkhand Teacher Eligibility Test (the “JTET”) and are challenging the participation of the private respondents in the said recruitment process.
Factu
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Eligibility criteria for teacher recruitment cannot be altered mid-way during the process, ensuring fairness and adherence to established rules.
The exclusion of two-year B.Ed. holders from recruitment is arbitrary; advertised minimum qualifications must include all eligible candidates, consistent with NCTE regulations.
Eligibility for teacher appointments in State-run institutions strictly requires passing TET per State regulations, as CTET alone does not suffice.
The Teacher Eligibility Test (TET) is a mandatory qualification for all candidates seeking appointment as teachers in elementary education, effective from the notification date of 23.08.2010, and can....
The requirement of passing TET applies solely to direct recruitment, not to promotions, allowing those appointed before key notifications to continue in service without it.
The central legal point established in the judgment is the binding nature of qualifications prescribed by the NCTE and the illegality of State Government amendments in contravention of statutory prov....
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