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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
Tara Kumari Patel D/o Bhanwar Lal Patel W/o Shri Narayan Lal Patel – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
ARUN MONGA, J.
1. Petitioner herein, aspirant to become Teacher, inter-alia, seeks issuance of appropriate writ, order and / or direction commanding the respondents to grant her appointment on the post of Teacher Level-I with all consequential benefits, pursuant to advertisement dated 04.09.2013 (Annex.1).
2. Brief facts first. On February 11, 2011, the National Council for Teacher Education (NCTE) issued guidelines for the Teachers Eligibility Test (TET). In accordance with these guidelines, the Rajasthan Teacher Eligibility Test (RTET) was conducted by the State Government, and the petitioner appeared for and successfully cleared the examination in 2012. Subsequently, on16.06.2013, the State Government issued a notification regarding seat reservations in the Tribal Sub-Plan (TSP) area. The notification stipulated that 45% of the seats would be reserved for Scheduled Tribe (ST) candidates, 5% for Scheduled Caste (SC) candidates, and the remaining 50% for General candidates residing within the TSP area.
2.1 On 04.09.2013, the respondents issued an advertisement for the direct recruitment of 20,000 Teacher Grade-III (Level I & II) posts. The petitioner, being eligible, applied f
The court established that NCTE guidelines for teacher eligibility take precedence over state recruitment criteria, ensuring candidates are evaluated based on merit and eligibility.
The NCTE notification dated 29.07.2011 provided relaxation in qualifying marks only to candidates belonging to reserved categories, and the absence of reservation for OBC category in the TSP Area rec....
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.
An OBC candidate scoring below 60% cannot migrate to Unreserved category for recruitment, emphasizing adherence to specific eligibility requirements as per recruitment rules.
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 permitted to have their cases considered against unreserved posts, and the TET marks should not be a deciding factor for....
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....
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