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Legal Briefs | Petition challenging TS-TET guidelines dismissed

HYDERABAD: A two-judge panel of the Telangana High Court, comprising Chief Justice Alok Aradhe and J. Sreenivas Rao, dismissed a writ petition challenging the guidelines issued by the National Council for Teacher Education (NCTE) for the Telangana State teacher eligibility test (TS-TET). The panel was dealing with a writ petition filed by Arakula Yadaiah and 10 others, who alleged that these guidelines, adopted by the state government, violated their constitutional rights under Articles 14 and 16 by treating distinct categories of teachers as equals in recruitment. The petitioners specifically challenged clause (iv) (c) of Paper-II in guideline no. 7, introduced by the NCTE on February 11, 2011, and implemented in Telangana through a GO in December 2015. This clause requires candidates to choose between mathematics/science or social studies papers, even if they are language-specialist teachers. The petitioners, holding bachelor’s degrees in Telugu literature, argued that this provision arbitrarily grouped language-specialist teachers with others, placing them at a disadvantage in recruitment for teaching positions. They contended that the guidelines failed to recognize the distinct qualifications and expertise of language teachers, particularly those applying for classes 6–8, as governed by The Telangana Direct Recruitment for the post of Teachers (Scheme of Selection) Rules, 2023. Counsel for the petitioners further argued that forcing language-specialist candidates, such as those in Telugu or English, to appear for unrelated papers violated their right to equal opportunity in public employment. It was also pointed out that other states had modified similar guidelines to accommodate language specialists.

However, the panel held that the scope of judicial review in such matters is limited, particularly when the guidelines aim to ensure competent teachers for primary and upper-primary education. The panel emphasized that the NCTE and state authorities have the prerogative to prescribe qualifications for teaching posts. Judicial interference, it noted, is warranted only if the guidelines are found to be arbitrary or unreasonable, which was not the case here. The panel acknowledged the petitioner's concern regarding the treatment of unequals as equals but stated that the guidelines aim to ensure a minimum level of competency among all teachers, including a basic understanding of mathematics/science or social studies. The panel, while dismissing the plea, concluded that the guidelines were neither arbitrary nor in violation of constitutional principles.


School’s forcible issue of TCs to two students challenged

Justice T. Vinod Kumar of the Telangana High Court took on file a writ plea against Shantiniketan International School, Sainikpuri, alleging the arbitrary issuance of transfer certificates (TCs) to two students in the middle of the academic year 2024-25. The writ petition, filed by Radhika Powaku, alleged that the TCs were issued without a formal application from the parents and that the reason cited was “relocation”. According to the petition, the petitioner received a message from the school’s director informing her of the TCs that had been issued. This occurred despite the absence of any application for the same, alongside allegations of unpaid school fees.

The petitioner argues that this action disrupted her children’s education and violates their fundamental rights under Articles 14 and 21 of the Constitution of India. The petitioner submitted a representation on November 23, requesting the school to allow her daughters to continue their education. However, no response has been received. The petitioner sought for a direction to reinstate the students in the ongoing academic year. The judge ordered notices to the respondents, including the school.


Pasmanda Shia community seeks justice, protection


The Telangana High Court took on file a writ plea alleging inaction of multiple state functionaries, including the state Waqf board, commissioner of police and Union minority welfare department, qua non-allotment of land to Pasmanda Shia community. Syed Hyder Raza Naqvi, national convener of Shia Civil Council for Social Justice, along with others, filed the writ petition alleging that the state functionaries violated the earlier orders of the court by not providing lands for establishing educational institutions, including a medical college, dental College and schools for childrenbelonging to Pasmanda Shia community. The petitioner also alleged that no lands were provided to the community to establish ashoorkhana, a significant place of worship for the community, and a graveyard. The petitioner claimed that for the development of the community, it is also a duty of the state to provide the community with Hussaine Bhavan, Shia Welfare Bhavan and Nisa home for conducting workshop for women. It was therefore the grievance of the petitioner that the state functionaries failed to safeguard the lives of the petitioners from the hands of antisocial elements. The petitioners requested that protection be provided by the central government for the Indian Shia Muslims Pasmanda community, specifically the petitioners, who are representatives of the Shia Council of India. Justice Surepalli Nanda taking note of the matter and brevity of the issue at hand issued notice to the respondent authorities and directed them to file their response before the next date of hearing.

Protected tenants in Khammam file writ against revenue officials


Justice C.V. Bhaskar Reddy of the Telangana High Court will hear a writ plea challenging grant of pattadar passbooks to third parties based on sale deeds despite existence of Section 38E certificate under Telangana Tenancy and Agricultural Land Act, issued by the additional RDO in favour of the protected tenant. It is the case of the petitioners that the tahsildar of Khammam district had rejected the pattadar passbooks of the petitioners, who are the heirs of the protected tenant. The rejection is on the ground that half of the land in question is covered with tank and hill rock, which is unfit for cultivation. The tahsildar rejected the issuance of pattadar passbooks also on the ground that a civil dispute over the same regarding the title of an area was pending adjudication before a civil court. The petitioner also pointed out that an application was also made under the Act for issuance of pattadar passbooks to the tehsildar. It was the grievance of the petitioners that their application was rejected on the ground that the lands were uncultivable. On the contrary, the same tahsildar issued pattadar passbooks based on sale deeds over that land to third parties. After hearing both the parties, the judge ordered notices to the unofficial respondents and directed the counsel appearing on behalf of the respondent authority to seek necessary instructions before the next date of hearing. The judge also ordered an interim direction of status quo over the disputed land in all respects, pending further orders of the court and posted the matter for further adjudication.

( Source : Deccan Chronicle )
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