Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Punam Linda – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANANDA SEN, J.
1. By way of filing this writ petition, the petitioners have sought for following reliefs:
“(i) A writ in the nature of Mandamus or any other appropriate writs or orders or directions directing the State Respondents to initiate the process of direct appointment of Jharkhand Teacher Eligibility Test-2016 (JTET-2016 in brief) qualified candidates including the petitioners herein as Assistant Teachers in Government run schools by preparing promptly the merit list of the qualified candidates for Levels 1 & 2 (Primary and Middle School levels) and conducting the required conselling as per the Jharkhand Primary School Teacher Recruitments Rule, 2012 to be appointed as Assistant Teachers in various State Government run schools.
(ii) Pass an appropriate orders or give any directions for staying the process initiated through the publication of Government Advertisement being Jharkhand Staff Selection Commission being Advertisement No. 13/2023 dated 19.07.2023 under the Assistant Teacher Cadre (Appointment, Promotion and Service Condition) Rules, 2022 wherein the JTET-2016 qualified candidates including the petitioners herein are required to appear once again the qualify
The promulgation of new appointment rules supersedes previous rules, preventing reliance on the old framework for appointments.
Eligibility criteria for teacher recruitment cannot be altered mid-way during the process, ensuring fairness and adherence to established rules.
The exclusion of two-year B.Ed. holders from recruitment is arbitrary; advertised minimum qualifications must include all eligible candidates, consistent with NCTE regulations.
The court found that eligibility for teaching positions must align with current qualifications established by the applicable recruitment rules, which overrode previous allowances.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
