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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Biplab Dutta son of Uttam Dutta – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
DEEPAK ROSHAN, J
1. Heard learned counsels for the parties.
2. The instant writ application has been preferred by the petitioners praying therein for the following reliefs:
i. For a writ of mandamus directing the Respondents, including the Jharkhand Staff Selection Commission, to consider the candidature of the petitioners for the post of Sahayak Acharya (Class 6 to 8) as they have participated in the recruitment process and appeared at the written examination which was conducted by the respondents JSSC on the basis of Advertisement No. 13/2023, read with Amendment Notification dated 29.01.2024 and Corrigendum Notice dated 15.02.2024 considering the fact that the petitioners are very much fulfilling the amended eligibility criteria of Jharkhand Primary School Sahayak Acharya (Assistant Teacher Cadre) (Third Amendment) Rules, 2024 and they are fully qualified JTET and are not in any manner falling in debarred category of CTET and STET candidates who stand non eligible on the basis of the verdict of the Hon'ble Apex Court in S.L.P. (Civil) No. 4194/2024 and the petitioners also pray for appropriate directions upon the respondents to declare their results and proceed with their
The exclusion of two-year B.Ed. holders from recruitment is arbitrary; advertised minimum qualifications must include all eligible candidates, consistent with NCTE regulations.
Eligibility criteria for teacher recruitment cannot be altered mid-way during the process, ensuring fairness and adherence to established rules.
The NCTE has primacy in laying down minimum eligibility for teacher appointments, and the State's insistence on NTT certificate as the only essential eligibility was found to be unjust, unreasonable,....
The inclusion of B.Ed. as eligibility for primary level teacher posts is illegal and undermines educational quality, necessitating the prioritization of D.El.Ed qualifications under the Right to Educ....
The court established that strict compliance with the qualifications outlined in public service advertisements is essential to uphold the principles of equality and non-arbitrariness under Articles 1....
The court emphasized the principle of estoppel and upheld the change in policy regarding eligibility criteria and the prerogative of the selection committee to declare the cut off mark in the CBT for....
The central legal point established in the judgment is the binding nature of qualifications prescribed by the NCTE and the illegality of State Government amendments in contravention of statutory prov....
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