VIKAS SANKHALA & ORS. ETC. versus VIKAS KUMAR AGARWAL & ORS. ETC.

VIKAS SANKHALA & ORS. ETC. versus VIKAS KUMAR AGARWAL & ORS. ETC.

The relaxation of TET passing marks for reserved categories as per State Government policy is legal and valid, and migration from reserved to general category is permissible for candidates who have not availed other additional concessions apart from TET relaxation, fee, or age. This ensures level playing field in recruitment, aligning with constitutional equality provisions. The Court upheld the present relaxations for ongoing recruitments but advised reconsideration for future to maintain standards of education.

Parties
Appellant: Vikas Sankhala & Ors. etc.; Respondent: Vikas Kumar Agarwal & Ors. etc.
Jurisdiction
India
Judgment Date
18 October 2016
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeals allowed in part
Legal Topics
Right of Children to Free and Compulsory Education Act, Teacher Eligibility Standards, Reservation Policy, Relaxation of Qualifying Marks, Constitutional Equality, Migration of Reserved Category Candidates
Constitutional Law Education Law Right of Children to Free and Compulsory Education Act Teacher Eligibility Standards Reservation Policy Relaxation of Qualifying Marks Constitutional Equality Migration of Reserved Category Candidates

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Parties

Vikas Sankhala & Ors. etc.

Appellant

Vikas Kumar Agarwal & Ors. etc.

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Validity of State policy granting relaxation in TET passing marks to reserved categories
  2. 2 Interpretation of NCTE guidelines on relaxation of marks for reserved categories
  3. 3 Whether migration from reserved category to general category is permissible after availing relaxation in TET passing marks

Ratio Decidendi

The relaxation of TET passing marks for reserved categories as per State Government policy is legal and valid, and migration from reserved to general category is permissible for candidates who have not availed other additional concessions apart from TET relaxation, fee, or age. This ensures level playing field in recruitment, aligning with constitutional equality provisions. The Court upheld the present relaxations for ongoing recruitments but advised reconsideration for future to maintain standards of education.

Court Disposition

appeals allowed in part

Orders

  • Reserved category candidates who passed TET with relaxed standards in extant State policy are eligible for selection as teachers.
  • Migration to general category is allowed for those who scored higher than last selected general category candidate and did not take other special concessions (besides TET relaxation, fee, or age).