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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAHESWARA RAO KUNCHEAM
P. Prabhakar, S/o. P. Ravi – Appellant
Versus
Union of India, Rep. by Its Secretary, Department of Law & Justice, Legislative – Respondent
ORDER:
1. These matters are taken up today for hearing by Way of House Motion through online.
2. ln both these writ petitions, the Petitioners Seek to assail the validity of Notification No.1/Mega DSC-TRC-1/2025, dated 20.04.2025 issued by the Government of Andhra Pradesh, School Education Department, on identical grounds.
3. The grounds for attack are that-1) the impugned Notification was issued without conducting Teacher Elig'lbility Test (TET) twice in a year in terms of G.O.Ms.51, dated 16.04.2011, 2) the eligibility criteria does not extend permission to the final year students of D.EI.Ed. and B.Ed. to appear for the examination and 3) the impugned Notification provides only 45 days of preparation time to the applicants, Which iS COntrary tO the state's own policy of allowing 90 days of structured coaching under earlier recruitment cycles.
4. As an interim measure, the petitioners in both the Writ Petitions pray for grant of interim suspension/stay of all further proceedings pursuant to the impugned Notification.
5. Heard Sri Mulla Basha, Sri Prahas and Sri A.Sai Naveen, learned counsel appearing for the petitioners, and Smt. S. Pranathi, learned Special Government Pleader the Stat
The court ruled that established policies do not limit the government's discretion in eligibility criteria for recruitment, and public interest prevails over individual claims for interim relief.
Point of Law : Doctrine of Estoppel debars a person/authority from negating any fact constituted to be truth either by action or deeds or by representation of that person/authority.
Eligibility criteria for teacher recruitment cannot be altered mid-way during the process, ensuring fairness and adherence to established rules.
The compressed examination schedule violated candidates' rights under Articles 14 and 21, denying them adequate preparation time and access to justice.
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 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 exclusion of two-year B.Ed. holders from recruitment is arbitrary; advertised minimum qualifications must include all eligible candidates, consistent with NCTE regulations.
(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.
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