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FARJAND ALI
Vikram Singh, S/o. Sohan Singh Raika – Appellant
Versus
State Of Rajasthan, Through The Secretary, Department Of Secondary Education – Respondent
ORDER :
(Farjand Ali, J.)
1. The petitioner herein has preferred the instant writ petition under Article 226 of the Constitution of India seeking a direction for the respondents to consider his candidature for appointment on the post of Assistant Teacher Level-I in pursuance of the advertisement dated 02.11.2022 issued by the respondent department.
2. Briefly stated, facts of the case are that the respondent Education Department issued an advertisement for filling up the posts of Assistant Teacher Level-I and II for Mahatma Gandhi (English Medium) Schools under the Rajasthan Contractual Hiring to Civil Posts Rules, 2022 on contract basis. The eligibility criteria prescribed for the post was that an aspirant must have passed Senior Secondary or equivalent examination with English medium with minimum 50% marks and must have Diploma in Elementary Education and he must have passed REET Level-I examination with minimum prescribed marks, of which validity must not have expired. The petitioner is a person belonging to Most Backward Class category. He is having the qualification of B.Com., BSTC and have secured 82 marks out of 150 marks in REET. Considering himself to be eligible for appointm
Eligibility criteria for reserved category candidates must be consistently applied across government agencies, allowing for rounding off of marks in qualifying examinations.
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 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.
The court established that NCTE guidelines for teacher eligibility take precedence over state recruitment criteria, ensuring candidates are evaluated based on merit and eligibility.
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....
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....
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....
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