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DINESH MEHTA
Dipesh Kumar Suthar – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. eligibility criteria based on educational marks. (Para 1 , 2 , 3) |
| 2. prior judgments set precedent for eligibility. (Para 4 , 5) |
| 3. petitioner cannot challenge settled legal position. (Para 6 , 7) |
| 4. writ petition and stay application dismissed. (Para 8 , 9) |
ORDER :
1. The petitioner having secured 46% marks in Graduation was able to secure 55% marks in Post Graduation. He applied for the post of Teacher Grade III pursuant to advertisement dated 31.07.2018.
2. Though, the petitioner had cleared REET Examination, appointment was denied to him, as his marks in the Graduation were less than 50%.
3. Petitioner has approached this Court on the ground that since he has secured more than 50% marks in Post Graduation, he is eligible in the wake of amendment brought by NCTE vide Notification dated 13.11.2019, which has been given retrospective effect from the year 2011.
4. Mr. Sharma, learned Additional Advocate General submitted that the issue in the present writ petition has already been set at rest by the Division Bench of this Court by its judgment dated 10.03.2022 rendered in the case of Dinesh Chandra Damor v. State of Rajasthan and Ors. (S.B. Civil Writ Petition No. 1205/2
Appointment on post of Teacher – It will be improper to discriminate inter se among a homogenous group of students.
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 main legal point established in the judgment is that eligibility requirements as per the advertisement and the cut-off marks are crucial in determining a candidate's eligibility for appointment.
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....
Eligibility criteria for reserved category candidates must be consistently applied across government agencies, allowing for rounding off of marks in qualifying examinations.
A recruitment agency must consider a candidate's eligibility based solely on the information submitted at the time of application and cannot accept qualifications disclosed after the recruitment proc....
The judgment established the principle that the basic qualification requirements, along with additional qualifications, must be met for eligibility for a specific position. It also clarified the pros....
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