VidhiSangh

Supreme Court of India · 25/07/2017

STATE OF U.P AND ORS. ETC. ETC. versus SHN KUMAR PATHAK AND ORS. ETC. ETC.

[2017] 7 S.C.R. 905 · 2017 INSC 666

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Summary

NCTE’s prescribed teacher qualifications were binding, but its suggestion of weightage to TET marks was not mandatory. The Court therefore interfered with the High Court’s invalidation of the State’s Fifteenth Amendment selection rules. It protected appointments already made under interim orders and required a fresh advertisement for remaining vacancies.

Issues

  1. Whether TET-score weightage bound the State in addition to the mandatory qualification requirements.
  2. What relief followed after substantial appointments under interim orders.

Provisions considered

Held

Result

Matters disposed of; binding qualifications upheld, mandatory TET-score weightage rejected and High Court’s contrary invalidation interfered with. Existing interim-order appointments protected; remaining vacancies left for fresh advertisement.

Judgment PDF: Supreme Court of India, [2017] 7 S.C.R. 905.