J. K. MAHESHWARI, ATUL S. CHANDURKAR
Union Territory of Jammu And Kashmir – Appellant
Versus
Saba Wani – Respondent
| Table of Content |
|---|
| 1. batch appeals challenge high court exceptions to ret closure (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. ret scheme closed by g.o. 919/2018 after addressing shortages (Para 7 , 8) |
| 3. court queries reveal partial ret appointments before closure (Para 9 , 11 , 13 , 14 , 15 , 16 , 17) |
| 4. parties argue rte compliance and parity for candidates (Para 10 , 12 , 21 , 22) |
| 5. litigation pendency lacks article 14 rational nexus (Para 18) |
| 6. ncte tet mandatory under rte for teachers (Para 19 , 20) |
| 7. article 142 directs conditional appointments with tet (Para 23 , 24 , 25 , 26) |
JUDGMENT :
J.K. MAHESHWARI, J.
1. Delay condoned.
2. Leave granted.
3. The present batch of appeals involves a common question of law, therefore, they are being disposed of by way of this common judgment. Except for appeals arising out of Special Leave Petition (Civil) Nos. 25683/2023, 25684/2023, 25685/2023, 25686/2023, 2720/2024 and 5221/2024, all other appeals have been preferred assailing the common judgment dated 04.02.2023 passed by the High Court of Jammu & Kashmir and Ladakh at Srinagar (hereinafter, ‘High Court’) in SWP No. 3801 of 2019 and connected matters. As far as appeals arising out of Special Leave Petition
State of West Bengal v. Anwar Ali Sarkar
Navtej Singh Johar v. Union of India
Anjuman Ishaat-E-Taleem Trust v. The State of Maharashtra & Ors.
Scheme closure does not retrospectively invalidate select panels; candidates entitled to engagement subject to acquiring NCTE qualifications including TET within 3 years/3 attempts, else termination,....
: Termination from service – Respondents directed to consider cases of petitioners and pass appropriate order of relaxation of minimum age in their favour.
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 court affirmed that eligibility for public employment requires meeting qualification criteria by the cut-off date, while also recognizing the principle of equity favoring long-serving employees i....
Qualifications for public employment must be valid as of the cut-off date, and long-term service can create an equity favoring regularization despite minor irregularities.
Pre-regularization service under scheme cannot count for cadre seniority; executive orders cannot override statutory recruitment rules.
The court ruled that the Government's ban on ReT engagements rendered the Writ Petition infructuous, emphasizing adherence to prior court judgments regarding residency qualifications.
Pending Supreme Court proceedings on special educators' appointments mandate Screening Committee for age relaxation and eligibility verification; Tribunal disposes OA directing consideration per thos....
The Rehbar-e-Taleem Scheme mandates that teacher selection is based on village residency and merit, not Panchayat affiliation.
Eligibility criteria for teacher recruitment cannot be altered mid-way during the process, ensuring fairness and adherence to established rules.
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