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2012 Supreme(Raj) 2174

M.N.BHANDARI
Vikas Kumar Agrawal and etc. etc. – Appellant
Versus
State of Rajasthan – Respondent


For the Petitioners:Vigyan Shah, Ram Pratap Saini, Sunil Kumar Jain, H.P. Singh, S.S. Sunda, Ashwani Chobisa, Akhil Simlote, Kuldeep Aswal, Vijay Pathak, M.I. Abbasi, Manoj Bhardwaj, Rajneesh Gupta, Jeetendra Kumar Sharma, Mukesh Kumar Goyal, Anil Kumar Sharma, Hem Singh Rathore, Vinod Goyal, Mukesh Kumar Verma, S.S. Mahla, Advocates.
For the Respondents:S.N. Kumawat, Addl. Advocate General, Anant Bhandari, G C., Vinod Kumar Gupta, Gajender Sharma, Kuldeep Aswal, Omveer Singh Saini, R. Bochalya, Amit Jindal, Raghunandan Sharma & Shantaun Sharma, Advocates.

JUDGMENT

1. These writ petitions pertain to selection to the post of Teacher Grade-III Level-I & II.

2. Three issues have been raised by the petitioners in these writ petitions, which are formulated as under:-

(i) Whether a candidate belonging to the reserve category is eligible for the appointment to the post of Teacher Grade-III, if he is not possessing 60% marks in RTET as per qualification prescribed by the NCTE. The relaxation of 5% marks is given to the reserve category thereafter vide notification dated 29.7.2011, therefore, a candidate not possessing 55% marks in RTET is rendered eligible?

(ii) Whether a candidate taken concession in qualifying marks of RTET can migrate from reserve category to open category?

(iii) Whether the order of the State Government dated 23.3.2011 can operate contrary to notification dated 29.7.2011 ?

3. Aforesaid issues are required to be examined in the light of the following facts, which are summarised in brief:-

After making elementary education as a fundamental right, the Right of Children to Free and Compulsory Education Act, 2009 (for short `the Act of 2009') was enacted. The aforesaid Act of 2009 provide standards and norms for free education at t





























































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