TET is Different And Recruitment is Different, Which is in the Hand of Recruitment Authority (i.e. Deciding Selection Base etc is in the Hand of Recruitment Agency)
See Court Case
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 30
Case :- WRIT - A No. - 14613 of 2013
Petitioner :- Km.Shiva And Anr.
Respondent :- State Of U.P.Thru Principal Secretary & Ors.
Petitioner Counsel :- Sohan Lal Yadav
Respondent Counsel :- C.S.C.,Pankaj Kumar Singh
Hon'ble Amreshwar Pratap Sahi,J.
The only grievance of the petitioners is to the fixing of minimum age limit of 21 years for engaging Part Time Instructors under the Government Order dated 31st of January, 2013.
The challenge is raised on the ground that the minimum age for passing the Teacher Eligibility Test is 18 years and therefore the minimum age of 21 years for engagement as a Part Time Instructor is irrational.
The issue of passing a Teacher Eligibility Test is entirely different which is only one of the hurdles for the purpose of crossing the bench mark and then make oneself eligible for appointment as a Teacher. There are other qualifications as well.
So far as Part Time Instructors are concerned they are being appointed under a separate scheme dated 31st of January, 2013 and on a fixed honorarium of Rs. 7,000/- per month. There does not appear to be any disparity or any rational nexus so as to draw an inference from the minimum age prescribed for the Teacher Eligibility Test. It is open to the Employer to fix a minimum age for the purpose of engagement and in the instant case the same being under a special scheme there does not appear to be any such element of arbitrariness so as to invoke Article 14 for striking off the same.
The writ petition lacks merit and is accordingly dismissed.
Order Date :- 14.3.2013
Sahu
Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2447312
