Mrs. Justice Anubha Rawat Choudhary disposed of a writ petition challenging the non-extension of a TET certificate's validity. The Court held that extending certificate validity and initiating appointments are matters of policy and refused to pass mandamus.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 1450 of 2020
Sunil Kumar Yadav, aged about 40 years, son of Ramdhani Prasad Yadav, resident of Jatpura, ward 02, Jatpura, P.O. Pipari Kala, P.S. Bishunpura, District Garhwa … … Petitioner
CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
For the Petitioner : Mr. Rahul Kumar, Advocate For the Respondents : None
06/13.06.2022 Heard Mr. Rahul Kumar, learned counsel appearing on behalf
of the petitioner.
2. Nobody appears on behalf of the respondents.
3. This writ petition has been filed for the following reliefs:
“ (i) For a direction upon the respondents to extend the validity of the TET certificate granted to the petitioner on 28.05.2013 till the selection process for appointment on the post of Assistant Teachers is initiated by the State Government.
(ii) For a direction upon the respondents to initiate the selection process for appointment on the post of Assistant Teachers as per Jharkhand Primary School Teachers Appointment Rules, 2012 and to allow the petitioner, who is working as para teacher to complete in the same.”
4. Learned counsel for the petitioner submits that the petitioner had passed the Teachers Eligibility Test, 2012 in the year 2013 and the certificate is dated 28.05.2013 as contained in Annexure – 3. He submits that the validity of said certificate was initially for a period of five years which was extended to seven years by virtue of notification as contained in Annexure - 4. The learned counsel submits that in the meantime also, no examination was held and therefore the present writ petition has been filed. He also submits that in the meantime there was Covid - 19 situation.
2
5. Considering the prayer made in the writ petition, this Court is of the considered view that essentially the period of validity of certificate issued upon Teachers Eligibility Test and consideration of such certificate in the matter of public employment is a matter of policy of the respondents and therefore no mandamus as prayed for by the petitioner can be passed in the present writ petition. However, if so advised, the petitioner may take up the matter with the concerned authority who may proceed in accordance with law.
6. This writ petition is accordingly disposed of.
(Anubha Rawat Choudhary, J.)
Saurav
2 issues framed by the court
Whether the High Court can pass mandamus to extend the validity of a TET certificate and initiate an appointment process for Assistant Teachers.
Whether the validity of a TET certificate and consideration thereof in public employment is a policy matter beyond judicial interference.
Sunil Kumar Yadav
The State of Jharkhand through the Secretary, School Education and Literacy Department
The Director, Primary Education, School Education and Literacy Department
District Superintendent of Education, Garhwa
Anubha Rawat Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
