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SANJEEV SACHDEVA, TUSHAR RAO GEDELA
Govt. Of NCT Delhi – Appellant
Versus
Virender Kumar Choudhary – Respondent
JUDGMENT
Sanjeev Sachdeva, J. - Petitioner impugns order dated 21.12.2017 whereby the original application filed by the respondent seeking quashing of order dated 01.08.2016 passed by the petitioner cancelling the candidature of the respondent for the post of TGT (Natural Science) has been allowed.
2. The respondent had applied for the post of TGT (Natural Science) under post code 10/13 under the unreserved category pursuant to an advertisement No.01/13.
3. Petitioner appeared in the written examination and scored high marks and fell within the consideration zone under the unreserved category and was thereafter called for verification of the documents. One of the eligibility conditions for consideration for the relevant post was that the candidate should have qualified the Central Teacher Eligibility Test (CTET) conducted by CBSE.
4. At the time of scrutiny of documents, it was found that respondent had scored 83 marks in CTET examination and was declared qualified under the OBC category. Respondent had qualified CTET examination by application of relaxation which was then available under the OBC category of 5% in the qualifying marks. It is an admitted position that respondent had sco
A candidate who qualifies for a teaching post under relaxed norms for OBC category is ineligible to be considered for general category vacancies.
A candidate qualifying for a position under relaxed norms for a reserved category cannot apply for unreserved category vacancies.
Reserved category candidates clearing the TET with relaxed standards should be considered against unreserved posts, and relaxation in TET pass marks does not provide an advantage in the recruitment p....
A candidate must possess the relevant category certificate by the cutoff date to claim reservation benefits in competitive examinations.
Passing the TET examination is a necessary qualification for appointment as a teacher, and denial based on marks below 60% for unreserved category is not legally valid.
Reserved category candidates clearing the TET with relaxed standards should be permitted to have their cases considered against unreserved posts, and the TET marks should not be a deciding factor for....
The NCTE notification dated 29.07.2011 provided relaxation in qualifying marks only to candidates belonging to reserved categories, and the absence of reservation for OBC category in the TSP Area rec....
The court established that NCTE guidelines for teacher eligibility take precedence over state recruitment criteria, ensuring candidates are evaluated based on merit and eligibility.
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