SEE - What Allahabad High court Says - When it give Judgment in Favor of TET Merit based Selection, And Dismissed Academic Merit Based Selection

UPTET : SEE - What Allahabad High court Says - When it give Judgment in Favor of TET Merit based Selection, And Dismissed Academic Merit Based Selection  

For the purpose of making selection and appointment as Assistant Teacher the said qualification cannot be made a basis/foundation particularly considering the process of the said test as it amounts to change of rules of the game when the game has already commenced and in support thereof placed reliance on judgements of this Court in K. Manjusree Vs. State of Andhra Pradesh and another (2008) 3 SCC 512 and Hemani Malhotra Vs. High Court of Delhi (2008) 7 SCC 11.



8. In Baloji Badhavath (supra), it was held that a procedure evolved for laying down mode and manner for consideration of a right to be considered for appointment can be interfered with only when it is arbitrary, discriminatory or wholly unfair, which learned counsel for petitioner failed to prove in the case in hand and, therefore, reliance placed thereon is totally misconceived.

9. So far as making of qualifying examination basis of selection is concerned, it is always permissible to the rules framing authority to determine the criteria for selection which may base on the merits of the candidate possessed in various academic qualifications or qualifying test or any other criteria which may otherwise be valid and once it is so determined, unless it can be said that the same amendment in the rule is contrary to any statutory provision or otherwise ultra vires or vitiated in law, the same cannot be interfered.
10. In the result, writ petition lacks merit. Dismissed.
Dt. 12.12.2011
PS

See source link -http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=1582274

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