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Failure to clear TET within given time will lead to termination: SC
Srinagar, May 3: The Supreme Court of India has delivered relief to hundreds of aspirants in Jammu and Kashmir by allowing appointment of candidates selected under the Rehbar-e-Taleem scheme, even after its closure in 2018.
In its judgment dated April 30, the Court held that candidates who were already placed in select panels cannot be denied jobs simply because the scheme was later withdrawn. It directed the administration to issue engagement orders to such candidates within eight weeks, subject to certain conditions.
A Bench of Justice J.K. Maheshwari and Justice Atul S. Chandurkar said the government’s decision to shut the scheme cannot operate retrospectively to take away rights that had already accrued to candidates.
The Court made it clear that appointments will not be unconditional. All selected candidates must meet the eligibility standards set under the Right to Education Act. This includes clearing the Teachers Eligibility Test within three years and in a maximum of three attempts.
The case has its roots in the closure of the ReT scheme through Government Order No. 919-Edu of 2018. The scheme, introduced in 2000, aimed to fill teacher shortages in remote areas by engaging local youth. However, the government cancelled all ongoing selections and advertisements when it scrapped the scheme.
This move led to multiple petitions. Candidates argued that once their names appeared in select panels, they had a legitimate claim to appointment. The High Court upheld the closure but carved out limited protections, which were later challenged before the Supreme Court.
A key issue before the apex court was whether candidates could be denied appointment because their cases were pending in courts at the time of closure. The Bench rejected this reasoning.
It observed that pendency of litigation has no link with the purpose behind closing the scheme. The government had justified the closure on grounds such as irregularities and fake documents, not on the basis of pending cases.
The Court said such classification was arbitrary and violated the principle of equality under Article 14.
To resolve the dispute, the Court used its special powers under Article 142 and framed a balanced solution. It protects the interests of candidates while ensuring that quality standards in education are not compromised.
The judgment also directs the administration to hold the Teachers Eligibility Test regularly so that candidates get adequate chances to qualify.
On service conditions, the Court ruled that seniority will be decided based on merit position in the select panel. It will not depend on the date of appointment.
Figures placed before the Court showed that over 39,000 teachers were engaged under the scheme between 2002 and 2018. In the disputed cases alone, more than 1,500 candidates had already been appointed, while others remained in limbo due to legal hurdles.
The Court clarified that the order will apply to all similarly placed candidates linked to the concerned selection process. At the same time, it stressed that the ruling should not be seen as a revival of the ReT scheme or a general precedent.
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