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A. S. SUPEHIA, MAUNA M. BHATT
STATE OF GUJARAT – Appellant
Versus
MINABEN JITENDRABHAI DAVE – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. ADMIT. Learned Advocate Mr. Kikani waves service of notice of admission on behalf of respondent No. 1.
2. The present Letters Patent Appeals filed under Clause 15 of the Letters Patent, 1865 emanate from the judgment dated 26.08.2022 passed by the learned Single Judge allowing the captioned writ petition. The learned Single Judge has held that the respondents are eligible to appear in Teacher Aptitude Test (hereinafter referred to as “T.A.T.”) in view of the Clause 5 (ii) of NCTE (National Council for Teacher Education) Guidelines.
3. At the outset, the learned AGP has submitted that the learned Single Judge has primarily allowed the writ petition by placing reliance on the judgment of Supreme Court in the case of Omkar Singh and Ors. vs. State of Utter Pradesh and Ors. 2019 (11) SCALE 46. She has submitted that the ratio of this judgment will not apply in the present case, since the provisions governing the Notification/Advertisement of the present case, which was issued on 11.06.2018, does not appear to be identical to Clause 5 (ii) of NCTE Guidelines, which has been considered by the Supreme Court.
4. The learned AGP has further submitted that as per th
The court established that eligibility for the Teacher Aptitude Test must be strictly interpreted according to the specific conditions set in the advertisement, without adding additional requirements....
Candidates pursuing teacher training courses are eligible for the Teacher Eligibility Test, regardless of their year of study, as clarified by the Supreme Court and NCTE.
Though the rejection of the candidatures of the petitioners appear to be on the ground of not acquiring the TET qualification within a particular age, it is an admitted fact that all the petitioners ....
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.
Eligibility for teacher appointments in State-run institutions strictly requires passing TET per State regulations, as CTET alone does not suffice.
Eligibility criteria for teacher recruitment cannot be altered mid-way during the process, ensuring fairness and adherence to established rules.
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