RASILABEN G. VIRANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Considering the note for speaking to minutes filed by Mr. Nandish H. Shah, learned advocate for the petitioner, the same is allowed and is disposed off accordingly.

(2.) The order dtd. 19/5/2022 is recalled, corrected and replaced as under. This petition is filed challenging the Government Resolution dtd. 1/4/2022 ("the G.R for short"). Learned advocate submitted that now pursuant to the G.R dtd. 1/4/2022, which is prospective in nature, on account of change in eligibility criteria to teach in Upper Primary Division on successful completion of Teacher's Eligibility Test (TET II) has been made mandatory. Learned advocate submitted that TET II Examination has not been taken from the year 2017 and, therefore, also there is no occasion for the petitioner to appear in the said examination. Therefore, it is prayed that the petitioner may be permitted to appear provisionally in the option camp without insistence of clearing of TET II examination. Referring to the communication dtd. 7/5/2022 learned advocate submitted that application for appearing in option is to be filed before 13/5/2022, therefore, 13/5/2022 being the last date, if the interim relief is not granted the petition will become infructuous.

(3.) On the other hand learned AGP Mr. Shivam Dixit for State authorities submitted that, the modification in the eligibility criteria is made for betterment of teaching standards. He further submitted that holding of TET II examination is under approval and expected to be held shortly once approved. The option camps are held every year so there is no prejudice caused to the petitioner if he appeared in the next camp after clearing the examination.