(Adarsh Kumar Goel and Uday Umesh Lalit, JJ.)
State of Tripura and Others ______________________ Petitioner(s);
v.
Tanmoy Nath and Others ________________________ Respondent(s).
Petition(s) for Special Leave to Appeal (C) No(s). 18993-19049/2014, decided on March 29, 2017
(With appln. (s) for directions and office report) With SLP(C) No. 19588-19637/2014 (With directions and Interim Relief and Office Report) SLP(C) No. 21249/2014 (With Interim relief and office report)
Petition(s) for Special Leave to Appeal (C) No(s). 18993-19049/2014; WP No. 16/2011; WP No. 208/2010; WP No. 217/2010; WP No. 224/2010; WP No. 230/2010; WP No. 246/2010; WP No. 247/2010; WP No. 261/2010; WP No. 281/2010; WP No. 282/2010; WP No. 310/2010; WP No. 312/2010; WP No. 314/2010; WP No. 319/2010; WP No. 320/2010; WP No. 324/2010; WP No. 33/2014; WP No. 346/2010; WP No. 356/2010; WP No. 374/2010; WP No. 382/2010; WP No. 385/2010; WP No. 387/2010; WP No. 390/2010; WP No. 399/2010; WP No. 400/2010; WP No. 402/2010; WP No. 41/2011; WP No. 414/2010; WP No. 42/2011; WP No. 420/2010; WP No. 422/2010; WP No. 423/2010; WP No. 424/2010; WP No. 425/2010; WP No. 426/2010; WP No. 430/2010; WP No. 433/2010; WP No. 445/2010; WP No. 447/2010; WP No. 480/2010; WP No. 489/2010; WP No. 51/2014; WP No. 511/2010; WP No. 512/2010; WP No. 522/2010; WP No. 537/2012; WP No. 558/2010; WP No. 566/2010; WP No. 587/2010; WP No. 59/2014; WP No. 88/2014; WP No. 89/2014; WP No. 90/2014; WP No. 91/2014; WP No. 92/2014; WP No. 93/2014; SLP(C) No. 19588-19637/2014; and SLP(C) No. 21249/2014
The Order of the court was delivered by
Order
1. We have heard learned counsel for the parties and perused the record. We do not find any ground to interfere with the impugned order1.
2. While setting aside the selections, the High Court in Para 123 of the impugned order observed:
“123. The State on or before 31.12.2014 must complete a fresh process of selection of teachers in all categories. In view of the discussions held above, we direct that the State should frame a new Employment Policy within two months from today and shall carry out selections in accordance with the fresh policy as early as possible and not later than 31.12.2014.”
3. While issuing notice in the present matters this Court by its order dated 04.08.20142 stayed the directions contained in aforesaid para 123 of the impugned order.
4. Since we do not find any ground to interfere with the impugned order, the directions in para 123 now required to be suitably modified. We, therefore, direct:
(a) New Employment Policy should be framed by the State by 30th April, 2017 if not already framed and advertisements for filling up the vacancies may be issued latest by 31st, May, 2017.
(b) The fresh selection process be completed on or before 31st December, 2017 and till the fresh process is completed, the teachers already appointed shall continue.
(c) The candidates who participated in the selection process pursuant to the advertisements in question, whether selected or not, will be allowed to participate in the fresh selection process by relaxing their age but subject to their having necessary qualifications.
(d) The qualifications in the case of teachers governed by the provisions of the Right of Children to Free and Compulsory Education Act, 2009 shall be in conformity with the relevant statutory provisions of the said Act.
(e) The qualifications of teachers employed for Classes IX and above shall be strictly in compliance with the relevant provisions concerning such appointments.
5. Subject to the aforesaid modifications, the view taken by the High Court in the impugned order1 is affirmed and the special leave petitions are dismissed.
6. Pending application(s), if any, also stand disposed of.
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1 Tanmoy Nath v. State of Tripura, 2014 SCC OnLine Tri 291 : (2014) 2 TLR 731
2 State of Tripura v. Tanmoy Nath, SLP (C) Nos. 18993-19049 of 2014, order dated 4-8-2014 (SC)
