JUDGMENT :

Heard Mr. T. Chakraborty, learned counsel, appearing on behalf of the petitioner. Also heard Mr. Bedanta Kaushik, learned standing counsel, Elementary Education Department, appearing on behalf of respondents No. 1, 2 & 3. None has appeared on behalf of respondents No. 4 & 5.

2. The grievance raised by the petitioner in the present proceeding is with regard to the denial of appointment to the petitioner, herein, in pursuance to his selection for the post of Subject Teacher in Dirak Higher Secondary School, Tinsukia, on the ground that the petitioner had not scored 60% marks in aggregate as well as in each of the papers in his TET Examination.

3. As projected in the writ petition, the petitioner who belongs to the MOBC category and possessing the requisite mandated qualification, had appeared in the TET Examination for Higher Secondary Level and had qualified the said Examination with 57.50% of marks in aggregate.

4. It is to be noted that the minimum qualifying marks in the said TET Examination is 60% marks in each paper for General category candidate. However, the same is relaxed to 55% marks in respect of each paper for candidates belonging to the reserved category cand