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1 - 10 of 29 (0.27 seconds)The National Council For Teacher Education Act, 1993
Article 16 in Constitution of India [Constitution]
Section 2 in The National Council For Teacher Education Act, 1993 [Entire Act]
The Right of Children to Free and Compulsory Education Act, 2009
V.N. Sunanda Reddy & Ors vs State Of Andhra Pradesh & Ors on 25 January, 1995
It is also urged by the learned counsel that the medium of education can never
be treated as qualification and therefore it cannot be a ground to deprive the
appellants of their right to employment. Relying upon STATE OF MADRAS v. SMT.
CHAMPAKAM DORAI RAJAN & ANOTHER3, STATE OF BOMBAY v. BOMBAY EDUCATONAL SOCIETY4,
ST. STEPHENS COLLEGE v. UNIVERSITY OF DELHI5, V.N. SUNANDA REDDY & OTHERS v.
STATE OF A.P.6 and GUJARAT UNIVERSITY & ANOTHER v. SHRI KRISHNA RANGANATH
MUDHOLKAR & OTHERS7, the learned counsel for the appellants vehemently
contended that the impugned condition that the candidates must have studied in
English medium in two/three levels is violative of the fundamental rights
guaranteed under Articles 14, 16 (2) and 29 (2) of the Constitution of India.
Contentions on behalf of the respondents:
The Gujarat University, Ahmedabad vs Krishna Ranganath Mudholkar And Others on 21 February, 1962
Consequent to the said decision, the NCTE Act, 1993 has been amended
by Act 18 of 2011 thereby extending the applicability of the NCTE Act to schools
and the minimum qualifications for appointment of school teachers also. Under
the Act 18 of 2011 not only the long title of the NCTE Act, 1993 was amended,
but certain new provisions like Section 2 (ka) which defines the expression
"school" and Section 12A empowering the NCTE to make regulations to determine
the qualifications of persons for being recruited as teachers in schools other
than Teacher Training Institutions have been inserted.
State Of U.P.& Ors vs Bhupendra Nath Tripathi & Ors on 29 October, 2010
Even otherwise as held by the Apex Court in STATE OF U.P. v.
BHUPENDRA NATH TRIPATHI8 and VISVESWARAIAH TECHNOLOGICAL UNIVERSITY v.
KRISHNENDU HALDER9, the State in its discretion is entitled to prescribe
additional qualifications so long as the qualifications so prescribed are not
lower than those prescribed by NCTE. Following the above said decisions the
learned single Judge upheld the impugned condition in the notification dated
06.02.2012.
Visweswaraiah Technological Univ.& ... vs Krishnendu Halder & Ors on 18 February, 2011
Even otherwise as held by the Apex Court in STATE OF U.P. v.
BHUPENDRA NATH TRIPATHI8 and VISVESWARAIAH TECHNOLOGICAL UNIVERSITY v.
KRISHNENDU HALDER9, the State in its discretion is entitled to prescribe
additional qualifications so long as the qualifications so prescribed are not
lower than those prescribed by NCTE. Following the above said decisions the
learned single Judge upheld the impugned condition in the notification dated
06.02.2012.
State Of Mysore & Anr vs P. Narasing Rao on 31 August, 1967
In other words, Article 16 is only an
instance of the application of the general rule of equality laid down in Article
14 and it should be construed as such. Hence, there is no denial of equality of
opportunity unless the person who complains of discrimination is equally
situated with the person or persons who are alleged to have been favoured;
Article l6 (l) does not bar a reasonable classification of employees or
reasonable tests for their selection. It is true that the selective test adopted
by the Government for making two different classes will be violative of Articles
14 and l6 if there is no relevant connection between the test prescribed and the
interest of public service. In other words, there must be a reasonable relation
of the prescribed test to the suitability of the candidate for the post or for
employment to public service as such. The provisions of Article 14 or Article 16
do not exclude the laying down of selective tests, nor do they preclude the
Government from laying down qualifications for the post in question. Such
qualifications need not be only technical but they can also be general
qualifications relating to the suitability of the candidate for public service
as such."