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1 - 10 of 10 (0.24 seconds)The Right of Children to Free and Compulsory Education Act, 2009
Vikas Sankhala & Ors Etc vs Vikas Kumar Agarwal & Ors Etc on 18 October, 2016
This is the precise issue considered and
decided in the matter of Pradeep Kumar (supra), in the process
distinguishing the other judgment relied upon by the petitioners, in the
matter of Vikas Sankhala (supra).
Bharat Sanchar Nigam Ltd. vs Sandeep Choudhary on 28 April, 2022
In our considered
view, the submission of the learned advocates for the petitioners referring
to the decisions in the matter of Saurav Yadav, Bharat Sanchar Nigam
Ltd. and Sadhana Singh Dangi (supra), and even referring to the
decisions of the division benches of this Court in the matter of Charushila
Tukaram Chaudhari and Sayali Nitin Inamke (supra), is not relevant for
the determination of the issue before this Court in these matters which is
as to if having become eligible by deriving the benefit of reservation and
having scored less than 60% which is the benchmark provided for passing
the TET/CTET, the candidates of the reserved category can be allowed to
migrate to the unreserved category solely on the basis of their merit at
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the selection examination - TAIT.
Sadhana Singh Dangi vs Pinki Asati on 16 December, 2021
24. Saurav Yadav (supra), followed thereafter in many matters
including Bharat Sanchar Nigam Ltd. (supra), which in turn also refers to
Sadhana Singh Dangi (supra), reiterated this principle.
Charushila Tukaram Chaudhari And ... vs The State Of Maharashtra And Another on 8 August, 2019
In our considered
view, the submission of the learned advocates for the petitioners referring
to the decisions in the matter of Saurav Yadav, Bharat Sanchar Nigam
Ltd. and Sadhana Singh Dangi (supra), and even referring to the
decisions of the division benches of this Court in the matter of Charushila
Tukaram Chaudhari and Sayali Nitin Inamke (supra), is not relevant for
the determination of the issue before this Court in these matters which is
as to if having become eligible by deriving the benefit of reservation and
having scored less than 60% which is the benchmark provided for passing
the TET/CTET, the candidates of the reserved category can be allowed to
migrate to the unreserved category solely on the basis of their merit at
80/86
WP.8610.24.TET.odt +
the selection examination - TAIT.
Indra Sawhney Etc. Etc vs Union Of India And Others, Etc. Etc. on 16 November, 1992
In all these
matters the issue was regarding the performance at the qualifying
examination, wherein following the consistent line in the light of Indira
Sawhney (supra), the reserved category candidates were allowed to
migrate to the unreserved category purely based on their merits at the
qualifying examination. Precisely for this reason even the decisions in
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respect of relaxations obtained by a reserved category candidate in
respect of fees and age limit being not considered as operating against
the claim of the reserved category candidates for migration to the
unreserved category, would not be applicable to the matters in hand.
Article 226 in Constitution of India [Constitution]
K.Manjusree Etc vs State Of A.P & Anr on 15 February, 2008
26. Once having understood the peculiarity of the matters in
hand in the light of Pradeep Kumar (supra), the performance at the
TET/CTET also being a relevant consideration in light of Section 23 of
the RTE Act, going to the root of quality and standard of the education to
be imparted and is not merely a screening or preliminary examination,
the decisions in the matter of K. Manjusree Vs. State of A.P. and Ors.; AIR
2008 SC 1470, Jitendra Kumar Singh and Anr. Vs. State of U.P. and Ors.;
2010 (3) SCC 119, Ramnaresh @ Rinku Kushwah and Ors. Vs. State of
Madhya Pradesh and Ors.; 2024 DGLS (SC) 759, Deependra Yadav and
Ors. Vs. State of Madhya Pradesh and Ors.; AIR 2024 SC 2147, would
not be applicable to the fact situation of the matters in hand.
Gnct Of Delhi And Ors vs Pradeep Kumar on 13 October, 2022
20. Lastly, the learned Advocate General would submit that the
decisions cited on behalf of the petitioners are peculiar to the individual
cases and do not address the exact issue in the factual scenario,
particularly in the light of Pradeep Kumar (supra).
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