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2013 Supreme(HP) 427

V.K.SHARMA
Pankaj Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
For the petitioner:Shri Mukul Sood, Advocate.
For the respondents:Mr. Vivek S. Attri, Dy. AG, for respondents No. 1 & 2. Mr. J.L. Bhardwaj, Advocate, vice Mr. Inder Sharma, Advocate, for respondent No. 3.Mr. D.K. Khanna, Advocate, for respondent No. 4.

JUDGMENT

V.K. Sharma, J. (Oral). The controversy between the parties, as involved in the present writ petition, lies within a narrow compass. The petitioner, who holds M.Com and M. Phil degrees in Commerce, was also pursuing Bachelor of Education (B.Ed.) course from Jammu University during 2011 session. He had appeared for his B.Ed. final exams in September, 2011, and his result was declared on 29th February, 2012, in which he was successful. In the meantime, Teacher Eligibility Test (TET) was conducted by respondent No. 3-Board on 5th February, 2012. The petitioner also took that test. At that time, no objection was raised by the said respondent with regard to the eligibility of the petitioner to take the TET. However, in reply to the writ petition, an objection has been raised that since on the day TET was held, that is, 5th February, 2012, the petitioner was not holding B.Ed. degree, he was not eligible for appearing in TET. However, as per the ‘eligibility condition No. 5 ii of the Guidelines for conducting Teacher Eligibility Test (TET) under the Right of Children to Free and Compulsory Education Act (RTE), 2009’ placed on record by the petitioner as Annexure P-4, which reads a





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