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DELHI HIGH COURT
SANJEEV SACHDEVA, TUSHAR RAO GEDELA
Govt. of NCT Delhi – Appellant
Versus
Virender Kumar Choudhary – Respondent
| Table of Content |
|---|
| 1. candidature cancellation for non-eligibility (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments on eligibility under categories (Para 6 , 7) |
| 3. supreme court ruling on eligibility norms (Para 8 , 9 , 10) |
| 4. application of relaxed norms disqualifies candidate (Para 11) |
| 5. final order to set aside tribunal ruling (Para 12 , 13 , 14) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. 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 t
A candidate qualifying for a position under relaxed norms for a reserved category cannot apply for unreserved category vacancies.
A candidate who qualifies for a teaching post under relaxed norms for OBC category is ineligible to be considered for general 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.
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....
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.
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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