Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Recruitment to the post of lower primary teachers by the Public Service Commission |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Recruitment to the post of lower primary/upper primary teachers by thePublic Service Commission-Non-selection of some eligible candidates holdingTrained Teachers Certificate due to inclusion of candidates having B.Ed.Degree-Challenge to-Single Judge of High Court allowed the petitiondirecting Public Service Commission to prepare fresh list excluding B.Edcandidates-Division Bench, on consideration of an undertaking by the Stateas to appointment of TTC holder in Lower Primary Schools, TTC and B.Ed.holders in Upper Primary Schools by amending the recruitment rules, upsetthe directions in favour of TTC holder-On appeal, Held: Since prescribedqualifications for primary teachers is TTC, candidates not holding suchqualification but B.Ed Degree became ineligible and could not be consideredfor selection-Kerala Education Act, 1958-Kerala Education Rules.Appointment of in-eligible B.Ed degree holders as primary/upper primaryteachers-Continuance on the principle of equity-HeldĀ· Equity and Law shouldbe applied and interpreted equitably but equity cannot override settled law--Hence continuance of such candidate on equity not justified |
Judge | Hon'ble Mr. Justice D.M. Dharmadhikari |
Neutral Citation | 2003 INSC 148 |
Petitioner | P.m. Latha And Anr. |
Respondent | Stte Of Kerala And Ors. |
SCR | [2003] 2 S.C.R. 653 |
Judgement Date | 2003-03-05 |
Case Number | 1726-28 |
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