STATE OF GUJARAT Vs. MINABEN JITENDRABHAI DAVE

JUDGEMENT

(1.) ADMIT. Learned Advocate Mr.Kikani waves service of notice of admission on behalf of respondent No.1.

(2.) The present Letters Patent Appeals filed under Clause 15 of the Letters Patent, 1865 emanate from the judgment dtd. 26/8/2022 passed by the learned Single Judge allowing the captioned writ petition. The learned Single Judge has held that the respondents are eligible to appear in Teacher Aptitude Test (hereinafter referred to as "T.A.T.") in view of the Clause 5 (ii) of NCTE (National Council for Teacher Education) Guidelines.

(3.) At the outset, the learned AGP has submitted that the learned Single Judge has primarily allowed the writ petition by placing reliance on the judgment of Supreme Court in the case of Omkar Singh and Ors. vs. State of Utter Pradesh and Ors., 2019 (11) SCALE 46. She has submitted that the ratio of this judgment will not apply in the present case, since the provisions governing the Notification/Advertisement of the present case, which was issued on 11/6/2018, does not appear to be identical to Clause 5 (ii) of NCTE Guidelines, which has been considered by the Supreme Court.