Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Selection - Selection Criteria - National Council for Teacher Education (NCTE) Guidelines for conducting Teacher Eligibility Test (TET) - Appointment of Secondary Grade Teachers and B. T. Assistants in the State of Tamil Nadu - State Government granted relaxation of 5% marks in TET to candidates belonging to SC ST. Backward Classes De-notified Communities and Person with Disability |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Service Law: c Selection - Selection Criteria - National Cou,ncil for Teacher Education (J!CTE) Guidelines for conducting Teacher Eligibility Test (TET) - Appoint111ent of Secondary Grade Teachers and B. T. Assistants in the State of Ta111il Nadu - State Govern111ent granted relaxation of 5% marks in TET to candidates belonging to SC, ST. Backward Classes, De-notified Communities and Person with D Disability etc. - Challenged - Contradiction in decisions of the Madras Bench and Madurai Bench of the Madras High Court - The Madras Bench_dismissed the writ appeals and writ petitions · challenging the policy decision of the Government whereas, the Madurai Bench quashed the relaxation given to the reserved E category candidates - On appeal, held: The framers of the NCTE guidelines took note of the huge socio-economic disparity existing in the nation and accordingly, by virtue of clause 9 of NCTE guidelines enabled the respective State Government/authorities to • provide relaxation to the candidates belonging to socially backward classes - Therefore, State Governi11e.nt cannot be faulted for F discharging its constitutional obligation for upliftment of socially and economically backward communities by providing 5% rela~ation to candidates belonging to reserve category - It was an affirmative action taken by State Government granting relaxation for TET and hence the view taken by the Madurai Bench is not sustainable - G Right of Children to Free and Compulsory Education Act, 2009 - s.23 - Constitution of India - Arts. J 4, 15,, 16, 335.Estoppel - Selection of Teachers - Relaxation of qualifying marks for Teacher Eligibility Test (TET) - In the earlier round of litigation, Govern111ent of Tamil Nadutook-a stand that it would_. nor grant relaxation of 111arks in TET - Plea of appellants thaGovernment cannot approbate and reprobate at the same time by changing its stand - Held: It is well settled that there can be no question of estoppel against the Government in the exercise of its legislative, sovereign or executive powers - It is a matter of State policy to frame and prescribe selection norins with regard to services and posts connected with the affairs of the State - Courts cannot interfere with the policy decisions of the State especially when the policy decision is taken in public interest to further the advancement of reserved categories - Constitution of India - Art. 162 and proviso to Art.309. Selection - Of teachers - State Government provided c relaxation of 5% marks in TET for candidates belonging to socially backward classes and the under privileged, after the selection process of teachers had commenced - Plea of appellants that it resulted in altering the criteria of selection after the commencement of selection process - Held: State Government had not changed the D rules of selection insofar as appellants were concerned - State Government merely widened the ambit of TET so as to reach out to those candidates belonging to the deprived section of the society who were not able to compete - It is ji-ee to take such actions suitable to the socio-economic conditions prevalent in the State - It was in the interest of reserved category candidates so that more candidates E can take part in the selection process - Therefore, this did not amount to change in the selection after the selection process commenced. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2016 INSC 1016 |
Petitioner | V. LAVANYA & ORS. |
Respondent | State Of Tamil Nadu Represented By Its Principal Secretary & Ors. |
SCR | [2016] 9 S.C.R. 835 |
Judgement Date | 2016-11-09 |
Case Number | 10700 |
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