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Omkar Singh & Ors. v. State of Uttar Pradesh & Ors. (and connected appeals)

Civil Appeal · 2019 INSC 765Decided 16 Jul 2019
Civil Appeal No. 5564 of 2019
Justice Arun Mishra · Justice S. Abdul Nazeer · Justice M.R. Shah

Background

A batch of appeals (led by Civil Appeal No.5564 of 2019, arising from Omkar Singh's SLP) arose from a common Allahabad High Court judgment concerning candidates appointed as Assistant Teachers in Uttar Pradesh who had appeared for the Teachers Eligibility Test (TET) while still pursuing their Teachers Training Course (TTC/B.Ed.-equivalent qualifications recognised by the NCTE/RCI). The High Court had taken a view adverse to such appointees on the question of whether they were validly eligible to sit the TET at that stage, and their appointments were challenged.

Decision Breakdown

The Supreme Court held that candidates who were "pursuing" the relevant recognised TTC course at the time could validly appear in the TET examination, applying ordinary rules of statutory construction to the governing recruitment rules. It held that the High Court's contrary view was not sustainable and modified the impugned High Court orders to that extent. On a related point about graduates appointed as Assistant Teachers without Science/Mathematics as a subject, the Court directed the concerned District Education Officers to identify such candidates within three months, having regard to the second proviso to Section 23 of the Right of Children to Free and Compulsory Education Act as amended in 2017. All the appeals in the bunch, including Civil Appeal No.5564/2019 (Omkar Singh), were allowed accordingly with no order as to costs.

Lesson Learnt

Eligibility conditions tied to "pursuing" a professional training course are generally satisfied by enrolment/ongoing study at the relevant time, not only by having already completed the course: a point relevant to anyone whose exam or recruitment eligibility is challenged on a technical completion-timing ground.

Official source (sci.gov.in)View Judgment (PDF)

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