Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Right of Children to Free and Compulsory Education Act 2009 - s. 2 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Right of Children to Free and Compulsory Education Act, 2009 - s. 23: Qualifications for appointment of teachers - Passing of Teacher Eligibility Test-TET- Minimum pass percentage of TET- Relaxation in passing marks in TET - Interference with - Held: Specific authorization is given to School Management (Government, local bodies, Government aided and unaided) to grant special concession to different kinds of reserved categories mentioned therein, which has to be in accordance with their extant reservation policy - Giving concession to certain reserved category candidates insofar as passing marks in TET is concerned, that by itself would not affect the teaching quality - s. 23(2) itself recognises the power for relaxing the minimum qualifications required of a person to be eligible for appointment as primary teacher - For giving relaxation in passing marks in TET, different outlook and glance is attracted - Except for State of Andhra Pradesh, no other State has granted such wide range of concessions as State of Rajasthan did in its letter dated 23.03.2011 - Very high percentage of relaxation may amount to compromising with quality which may not be conducive to maintaining standards of education - Need to look into and reconsider this aspect to bring the relaxations within reasonable limits - However, the Court not tinkering with the extant of relaxation given in letter dated.23.03.2011 since recruitment tests have been conducted and selected candidates are .nowcteaching for last number of years - Constitution of India - Arts. 15, 16, 38, 39(a) and 4Qualifications for appointment of teachers - Passing of Teacher Eligibility Test-TET- Minimum pass percentage of TET- Whether National Council for TeacherĀ· Education-NCTE notification dated July 29, 2011, amending paragraph ) of its earlier guidelines/ notification dated February 11, 2011, provides 5% relaxation tothe reserved category for passing TET - Held: NCTE does not provide any provision for relaxation in TET examination for reserved category candidates but has left it to the State Governments to do the needful in this behalf - Relaxation provided in the amended para 3 has no relation whatsoever with TET but relates to the qualifying marks in graduation and B.Ed. Etc - It cannot be said that the provision for relaxation upto 5% in qualifying marks at all relates to TET - Relaxation in passing TET is governed by para 9 of the Notification dated February 11, 2011 - There is no amendment to the said para - Amendment is incorporated in para 3 of the principal notification dated February 11, 2011, which gives the rationale for including TET as a minimum qualification. Policy of the State in letter dated March 23, 2011 deciding to give relaxation ranging from 10% to 20% in TET marks to different reserved categories as mentioned therein - Validity of - Held: Relaxation prescribed in letter dated March 23, 2011 in pass marks in TET examination for different reserved categories mentioned therein is legal and valid in law.Reserved category candidates, who secured better than general category candidates in recruitment examination, if could be denied migration to general seats on the basis that they had availed relaxation in TET - Held: Migration from reserved category to general category admissible to those reserved category candidates who secured more marks obtained by the last unreserved category candidates selected, subject to the condition that such reserved category candidates did not avail any other special concession - Concession of passing marks in TET would not be treated as concession falling in the said category. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2016 INSC 970 |
Petitioner | Vikas Sankhala & Ors. Etc. |
Respondent | Vikas Kumar Agarwal & Ors. Etc. |
SCR | [2016] 7 S.C.R. 639 |
Judgement Date | 2016-10-18 |
Case Number | 3545-3549 |
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