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1 - 6 of 6 (0.21 seconds)Article 226 in Constitution of India [Constitution]
Article 16 in Constitution of India [Constitution]
The Right of Children to Free and Compulsory Education Act, 2009
A.P.Public Service Commission vs Baloji Badhavath & Ors on 8 April, 2009
17. It can be seen that the primary aim of the process is to ensure
fairness in competition. Thus, when the examination itself is not a
1 https://www.currentscience.ac.in/Volumes/118/01/0034.pdf
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competitive examination and it is only an eligibility test, then, the relative
unfairness which is claimed, cannot be on the same footing as that of a
competitive examination. TET is a screening test to ensure minimum
standard. The relative disadvantage in an eligibility test cannot be elevated
to the status of discrimination so as to claim violation of Article 14 or
Article 16 of the Constitution of India and pray for normalization as a matter
of right. When it cannot be a matter of right, in the absence of the same
being prescribed in the notification, the petitioners cannot claim that the
respondents should normalize the marks. The difference between
‘competition’ and attaining ‘basic minimum standards’ is well demarcated.
Useful reference can be made in this regard to the Judgment of the Hon’ble
Supreme Court in Andhra Pradesh Public Service Commission Vs. Baloji
Badhavath and Ors.1 when the same was exposited in the context of
reservation, more particularly in paragraph 32. Thus, we are unable to grant
any relief to the petitioners.
S.Thavamani vs The Teachers Recruitment Board on 2 January, 2023
13. The learned Government Pleader would rely upon the
judgment of this Court made in W.P.No.32383 of 2003 (Dr.Vennila Vs.
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Tamil Nadu Public Service Commission (T.N.P.S.C)) for the proposition
that authorities would be bound by instructions contained in notification.
The learned Government Pleader would further rely upon the judgment of
this Court in W.P.(MD).No.29205 of 2022 (S.Thavamani Vs. The
Teachers Recruitment Board) for the proposition that after accepting the
rules and provisions of the selection, the petitioners cannot now turn around
and contest that a different rule should be adopted.
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