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SANJIB BANERJEE, W. DIENGDOH
State of Meghalaya – Appellant
Versus
Brightstarwell Marbaniang – Respondent
| Table of Content |
|---|
| 1. approval of delay in appeal (Para 1 , 2 , 3) |
| 2. amendment of rules governing employee conduct (Para 4 , 5 , 6) |
| 3. challenge to political disqualification of employees (Para 7 , 8 , 9) |
| 4. state's authority to regulate education (Para 10 , 11 , 12) |
| 5. impact on teachers' right to livelihood (Para 23 , 24 , 25) |
| 6. disqualification authority lies with the parliament (Para 26 , 27 , 28) |
| 7. right to contest elections as fundamental (Para 31 , 32 , 33) |
| 8. impugned amendment found unreasonable, restored prior position (Para 34) |
JUDGMENT :
SANJIB BANERJEE, C.J.
In view of the good grounds shown, the delay of about 25 days in preferring the appeal is condoned and the appeal is taken up for immediate consideration.
2. The issue in this appeal pertains to an amendment effected by the State government to the set of executive guidelines that it has issued to educational institutions to which it grants financial aid.
3. At the outset, it must be appreciated that even though the guidelines are in the form of a set of rules and have been amended by a formal publication in the official gazette on April 8, 2021, the guidelines are not issued under any specific law and, as such, such guidelines
Aided school teachers cannot contest elections as it contradicts their duties under the Right to Education Act, reinforcing the importance of quality education.
Duties relating to election to the local authority or the State Legislatures or Parliament relate to conduct of elections and consequent deployment of teachers on the days of poll and counting, the t....
The main legal point established in the judgment is the interpretation and application of the Rajasthan Voluntarily Rural Education Service Rules, 2010, specifically Rule 4 and Rule 5, in determining....
Eligibility criteria for teacher recruitment cannot be altered mid-way during the process, ensuring fairness and adherence to established rules.
Teachers can be assigned election duties only minimally and outside teaching hours to uphold the Right to Education.
As per the newly inserted Rule 17 of the KER, any pecuniary loss caused to the Government on account of the creation on holding of such posts is to be recovered from the teacher in charge of the clas....
The circular issued by the Board of Basic Education allowing candidates from zero vacancy districts to participate in the selection process for the post of Assistant Teachers was valid as it was in c....
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