Reserved category candidates who availed eligibility concessions cannot migrate to the unreserved category based on merit scores, as it undermines educational standards.

JUDGMENT :

(MANGESH S. PATIL, J.) :

Considering commonalty of the issues raised in all these petitions from different benches of the High Court, those have been clubbed together, heard together and are being disposed of by this common judgment.

2. Rule. It is made returnable forthwith. Learned Advocate General Mr. Birendra Saraf, and the learned advocates for the respective respondents waive service. Considering the urgency and the ramification since challenges are put up to the entire merit list prepared by the Board of Examination of the State of Maharashtra, the matters are heard finally at the stage of admission.

3. At the outset, it would be apt to cull down the common issue to be addressed in all these petitions :

Whether candidates from the reserved category who have availed the concession to become eligible to participate in the examination to select the candidates for a post, can migrate to an open/unreserved category on the basis of their scores in the selection examination.

4. All these petitions put up a challenge to the merit list published on 25.02.2024 for recommending the candidate to individual establishments for recruitment of teachers through an online portal viz. Pavitra Portal, evolved in the light of directions of this Court of undertaking the process.

5. In order to appreciate the issue in the proper perspective, it would be apposite to peep into the history. In the light of the provision of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), the qualification for appointment and terms and conditions of the service of the teachers, are expected to be provided for ensuring quality of education imparted to children. The Central Government established National Council for Teacher Education (NCTE) on 23.08.2010 as an apex body to lay down the qualification for appointment of teachers. The NCTE laid down the qualification for a person to be appointed as a teacher to teach Class I to VIII on 23.08.2010. It prescribed clearance of Teachers Eligibility Test (TET) as an essential qualification for appointment of teachers. By issuing notification on 11.02.2011 it also laid down methodology of the TET examination. It was stated that the qualifying marks would be 60% or more at the TET examination. It also enabled the Governments, local bodies and government aided and unaided institutions to relax this passing percentage for reserved category students under the extant reservation policy. The NCTE itself by notification dated 29.07.2011 provided the relaxation up to 5% in the qualifying marks for the reserved category candidates.

6. The State of Maharashtra by Government Resolution dated 13.02.2013 and pursuant to the provision of Section 23 of the RTE Act and the aforementioned NCTE guidelines made TET as a mandatory qualification for teachers in the State. By another Government Resolution dated 06.03.2013 it was directed that the TET qualification should be acquired by 31.03.2015, which was subsequently by GR dated20.08.2013, deleted.

7. Government Resolution dated 23.08.2013 enabled a candidate to appear for the TET any number of time to improve his score.

8. In accordance with the NCTE guidelines, the Government of Maharashtra come out with resolution dated 07.02.2019 and granted concession of up to 55% in the qualifying marks in respect of reserved category candidates. Pursuant to the directions of this Court in PIL No.8/2015 the Government of Maharashtra passed Government Resolution on 23.06.2017 and made a provision of Pavitra Portal which was visible to all the candidates participating in the recruitment process of teachers. It also mandated Teachers Aptitude and Intelligence Test (TAIT) as the competitive examination further providing that the marks obtained in that test as a parameter for preparation of the merit list. It was also provided therein that the candidate will have five chances to improve their score at the TAIT.

9. The State Government issued GR on 07.02.2019 and sough