Back
N. UNNI KRISHNAN NAIR
Banjit Chutia, C/o. Premadhar Chutia – Appellant
Versus
State Of Assam, To Be Rep. By The Comm. And Secy. To The Govt. Of Assam, Education Elementary Deptt. – Respondent
JUDGMENT :
(N. Unni Krishnan Nair, J.) :
Heard Mr. A. R. Bhuiyan, learned counsel for the petitioners. Also heard Mr. Devajit Saikia, learned Advocate General, Assam, assisted by Mr. P. K. Borah, and Mr. A. Phukan, learned standing counsels, Elementary Education Department, appearing on behalf of respondents No. 1 & 2; Mr. I. Alom, learned standing counsel, NCTE, appearing on behalf of respondent No. 3; and Mrs. R. Borah, learned standing counsel, CBSE, appearing on behalf of respondent No. 4.
2. The petitioners, herein, who are Assam TET qualified candidates, have instituted the present proceeding, assailing the Notice, dated 16.02.2023, by which the eligibility conditions for recruitment under Clause No. 4 in the Advertisement No. 255733/10, dated 11.02.2023, herein, denoted as Advertisement-A, as well as in the Advertisement No. 255733/15, dated 11.02.2023, herein, denoted as Advertisement-B; were partially modified in respect of the candidates having Central TET qualification and permitting them to apply against the post so advertised by matching the medium of instruction of school, either, with their Language-I paper or Language-II paper.
3. The petitioners, herein, in response t
The court established that modifications to recruitment eligibility conditions did not violate constitutional rights and maintained that merit-based evaluation prevails over qualification type.
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.
The judgment emphasized the limited review jurisdiction under Article 226 of the Constitution of India and highlighted that no vested rights could accrue to the petitioners due to an advertisement th....
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 ....
Eligibility for teacher appointments in State-run institutions strictly requires passing TET per State regulations, as CTET alone does not suffice.
The exclusion of two-year B.Ed. holders from recruitment is arbitrary; advertised minimum qualifications must include all eligible candidates, consistent with NCTE regulations.
The court affirmed the need for the State to comply with previous directives regarding the inclusion of CTET qualified candidates in teacher recruitment, emphasizing adherence to equity and judicial ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
