RANJEETA Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THIS OA has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief(s): - -

(2.) AVERMENT has been made in the OA that the applicant who is a resident of the State of Haryana, has obtained her B. Sc Degree from Purvanchal University, Jaunpur in 1999 with 45% marks (Annexures A -1 & A -2). She obtained the B. Ed Degree from Kurukshetra University in June, 2009 securing first division (Annexure A -3). The applicant also appeared in the Central Teacher Eligibility Test (CTET) in July, 2013 and qualified the examination with 62.67 % marks for becoming teacher for classes VI to VIII (Elementary Stage) (Annexure A -5).

(3.) IT has further been stated that the impugned advertisement Annexure A -7 prescribed minimum eligibility condition as 50% marks in Graduation alongwith qualification of CTET which is in violation of the guidelines issued by NCTE (Annexure A -6). The applicant had qualified CTET exam prescribed by respondents No. 2 & 3 for becoming eligible to teach in the schools covered under CTET. These schools cannot prescribe more stringent independent eligibility condition other than those laid down by respondents No. 2 & 3. The minimum eligibility criteria for TGT posts as per advertisement (Annexure A -7) is thus not only in violation of the guidelines (Annexure A -6) but also is in contravention of minimum qualification as prescribed by respondent No. 3 for CTET in the notice (Annexure A -4). Thus, the impugned advertisement (Annexure A -7) is liable to be set aside/modified qua the minimum eligibility condition for TGET so as to bring it in consonance with the guidelines dated 23.8.2010 issued by respondent No. 2 (Annexure A -6). The applicant was rendered ineligible despite being eligible as per guidelines issued by NCTE (Annexure A -6) and has lost her valuable right of applying and competing with other candidates for the post of Trained Graduate Teachers in KVS. The respondent No. 4 had not issued any roll No. or admit cards to the eligible candidates till date and the applicant can still apply for these posts as her right is protected by the guidelines Annexure A -6. Hence this OA.