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PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA
Soumen Paul – Appellant
Versus
Shrabani Nayek – Respondent
JUDGMENT :
PAMIDIGHANTAM SRI NARASIMHA, J.
1. Leave Granted.
2. The issue involved in this case relates to the appointments to the post of assistant teachers in primary schools in the State of West Bengal. This post is governed by the West Bengal Primary School Teachers Recruitment Rules, 2016,1[Framed under the West Bengal Primary Education Act, 1973] and the qualifications for appointment to the said post are prescribed in Rule 6 which is extracted below for ready reference:
(2) The candidate shall possess the minimum educational qualifications specified by the National Council for Teacher Education and the notification relating to eligibility of candidates issued by the Ministry of Human Resource Development, Department of School Education and Literacy, Government of India (hereafter referred to as MHRD), from time to time, read with the relaxed qualificati
(1) Appointment – If there is no cut-off date appointed by rules then such date as may be appointed for the purpose of advertisement calling for applications – If there is no such date appointed then....
Eligibility qualifications for recruitment must be assessed based on the last date for application submission unless specified otherwise, rejecting the notion of a cut-off date.
Candidates who have not completed the requisite teacher training course by the recruitment notification date are ineligible for the recruitment process, irrespective of their TET qualifications.
The exclusion of two-year B.Ed. holders from recruitment is arbitrary; advertised minimum qualifications must include all eligible candidates, consistent with NCTE regulations.
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....
Qualifications for recruitment must be met by the application date, and the recruitment process rules cannot be changed post-notification.
The judgment emphasized the limited review jurisdiction under Article 226 of the Constitution of India and highlighted that no vested rights could accrue to the petitioners due to an advertisement th....
Eligibility criteria for teacher recruitment cannot be altered mid-way during the process, ensuring fairness and adherence to established rules.
The main legal point established in the judgment is the importance of maintaining uniformity in the application of recruitment rules and the binding effect of the Hon'ble Supreme Court's decision on ....
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