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SUNEET KUMAR, RAJENDRA KUMAR IV
Haidar Ali – Appellant
Versus
Akhilesh Kumar Singh – Respondent
JUDGMENT :
Suneet Kumar, J.
1. Heard Sri T. Islam, learned Counsel for the petitioner and Sri Shashank Shekhar Singh, learned Counsel for the respondent-University.
2. The instant intra Court appeal has been filed by the fifth respondent of the writ petition challenging the order of the learned Single Judge dated 08 December, 2022, whereby, the writ petition instituted by the petitioner / first respondent, herein, was allowed, setting aside the appointment of the appellant on the post of Trained Graduate Teacher (Agriculture), at Aligarh Muslim University/School, for want of essential qualification i.e. B.Ed. degree.
3. Learned Counsel for the appellant submits that appellant came to be appointed on temporary basis as a Trained Graduate Teacher (Agriculture), (for short TGT), vide appointment letter dated 20 November, 2010. The appointment was for an academic session which continued on year to year basis and finally an advertisement dated 20 May, 2022, came to be issued by the third respondent - Directorate of School Education, Aligarh Muslim University, Aligarh, (for short, "AMU"). The advertisement sought applications for various posts including TGT (Agriculture) for the session 2022
Article 14 is an integral part of our system, each and every State action is to be tested on touchstone of equality.
The main legal point established in the judgment is the importance of upholding the credibility of the recruitment process in public employment and the prohibition of nepotism in appointments.
Point of law: A criterion which has the effect of denying a candidate his right to be considered for the post on the principle that he is having higher qualification than prescribed cannot be rationa....
The qualifications for appointment must be judged by the rules in force at the time of selection, not by subsequent amendments.
State authorities have broad discretion to set educational qualifications for public service positions, and courts will not interfere unless there are statutory violations.
Employment and Service matter - Post of contractual Hindi Teacher - Petitioner has got the basic qualification and training qualification along with B.Ed. from Jammu University, his application shoul....
The Teacher Eligibility Test (TET) is a mandatory qualification for all candidates seeking appointment as teachers in elementary education, effective from the notification date of 23.08.2010, and can....
Though the rejection of the candidatures of the petitioners appear to be on the ground of not acquiring the TET qualification within a particular age, it is an admitted fact that all the petitioners ....
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