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S. VAIDYANATHAN, W. DIENGDOH
Sengbreezbirth N Marak – Appellant
Versus
State of Meghalaya – Respondent
ORDER
S. Vaidyanathan, CJ. - The present writ petition has been filed by way of Public Interest Litigation to quash the appointment of teachers, who do not possess the Meghalaya Teachers Eligibility Test (MTET) qualification and to comply with the mandatory provisions of the NCTE's notification dated 23.08.2010 and the Notification dated 01.07.2020 issued by the Education Department, Government of Meghalaya in letter and spirit.
2. It was the case of the petitioner that education is important for personal and community success and it develops human personality, thoughts and prepares people for life experiences, besides helping people learn how to think about and make a difference in society. It was the grievance of the petitioner that on account of lack of proper education standards and qualified teachers in the schools, aspiring students are unable to get proper education and to pursue higher and technical education.
3. It was also the case of the petitioner that the Right to Children to Free and Compulsory Education Act, 2009 was enacted with the aim to provide free and compulsory education to children between 6 and 14 years in India under Article 21A of the Constitution of India. I
Public interest litigations cannot challenge service matters unless the petitioner is directly aggrieved and statutory violations are clearly established.
The requirement of passing TET applies solely to direct recruitment, not to promotions, allowing those appointed before key notifications to continue in service without it.
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....
The court ruled that the retrospective application of new qualification requirements for teachers violates established rights, as teachers appointed before the changes cannot be penalized under newly....
Teachers must possess requisite educational qualifications to ensure quality education, and experience cannot substitute for formal training in seeking Grant-in-Aid.
PIL in service matters should not be entertained in cases of inordinate delay, and the maintainability of a PIL depends on the nature of the reliefs sought and the explanation for any delay in approa....
Mere certificate verification prior to the introduction of a new qualification requirement does not confer the right to appointment. The qualification for appointment, including the Teacher Eligibili....
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