Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Assam Elementary Education (Provincialization) (Amendment) Rules 2005: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Assam Elementary Education (Provincialization) (Amendment) Rules, 2005:Teachers Training - Elementary/Primary Schools - The amendment Rules substituting the requirement of diploma in teachers training by providing that preference would be given to trained candidates - High Court holding the amendment invalid being contrary to the NCTE Act and the Regulation 2001, but allowing the State Government to complete the recruitment process - Held: The decision of the High Court, permitting the State Government to continue with the recruitment process, initiated on the basis of the Amendment Rules, 2005, which have been declared by it to be illegal, is clearly indefensible - High Court could not have permitted the State Government to perpetuate an illegality - Having failed to sustain the Amendment Rules, 2005 before the High Court, it would be improper for the State to go ahead with the recruitments under the said amended Rules which have been declared null and void, particularly, when the decision of the High Court on that issue has not been questioned by it - The leave granted by the High Court to the State to complete the selection process in terms of employment notice dated 2-12- 2005, is set aside and the said notice (dated 02-12-2005) is also quashed - Assam Elementary Education (Provincialization) Rules, 1977 - National Council for Teacher Education (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 - National Council for Teacher Education Act, 1993. |
Judge | Hon'ble Mr. Justice D.K. Jain |
Neutral Citation | 2011 INSC 165 |
Petitioner | Ranu Hazarika & Ors. |
Respondent | State Of Assam & Ors. |
SCR | [2011] 3 S.C.R. 280 |
Judgement Date | 2011-02-28 |
Case Number | 2153 |
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