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SAURABH SHYAM SHAMSHERY
Meena Kumari Dubey – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Saurabh Shyam Shamshery, J.
Heard Sri. Seemant Singh, learned counsel for the petitioner and Mrs. Archana Singh, learned counsel for respondent no.5.
2. In present case following dates and events are not under dispute:
| Date | Event |
| 1996 | Petitioner passed a School Learning Certificate Examination conducted by Government of Nepal. |
| 1998 | Petitioner passed Intermediate Examination in year 1998 conducted by Madhyamik Shiksha Parishad, Uttar Pradesh Board of High School and Intermediate Education U.P. |
| 2003 | Petitioner passed Bachelor of Arts from Deen Dayal Upadhyay Gorakhpur University, Gorakhpur. |
| 2014 | Petitioner successfully completed correspondence course of B.T.C. from District Institution of Education and Training, Sant Kabir Nagar. |
| 2016 | Petitioner qualified Central Teacher Eligibility Test (CTET). |
| 11.10.2020/16.10.2020/29.10.2020 | Petitioner participated in counselling for selection of Assistant Teacher on 11.10.2020 and was appointed on 16.10.2020 in a Primary School at Sant Kabir Nagar, where she joined on 29.10.2020. |
| 18.1.2021/22.1.2021 | Pe |
The amendment to the Intermediate Education Act, 1921, does not apply retrospectively to invalidate qualifications obtained prior to its enactment.
Altering recruitment eligibility criteria after process commencement is impermissible; prior qualifications obtained disallow subsequent lower-level qualifications for appointment eligibility.
Point of Law : If Section 6 of the General Clauses Act had been applied, no doubt, this complaint against the two accused for the offence punishable under R. 132A of the D.I.Rs. could have been insti....
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 ....
Statutory qualifications for public office must be met; equity cannot override legal requirements.
The TET qualification acquired prior to the recruitment process met the eligibility criteria, and the corrigendum clarified the age relaxation, warranting the consideration of the petitioner's appoin....
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