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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
LANUSUNGKUM JAMIR
Beauti Chetia, W/o. Sri Putul Chetia – Appellant
Versus
State Of Assam, Rep. By The Commissioner And Secretary Education (Sec) Deptt. – Respondent
JUDGMENT :
(LANUSUNGKUM JAMIR, J.)
Heard Mr. D. Das, learned counsel for the petitioner as well as Mr. R. Mazumdar, learned Standing Counsel, Secondary Education Department for the respondent Nos. 1, 2 and 6. Also heard Mr. A. Deka, learned counsel appearing for the respondent Nos. 7 and 8 and Mr. M. Dutta, learned counsel for the respondent No.9.
2. The Principal, Central Dharamtul M. Bora Higher Secondary School, District- Morigaon, issued an advertisement on 24.02.2018 for filling up 03(three) posts of Post Graduate Teachers, namely, Mathematics (Unreserved), History (Reserved for Physically Disabled) (Unreserved) and Geography (Unreserved). In the said advertisement, the eligibility criteria provided was that candidates who have qualified in Teachers Eligibility Test (in short TET) Examination conducted for Post Graduate Teachers are only eligible to apply for the post of Post Graduate Teacher and the date of interview was fixed on 02.03.2018. The petitioner being qualified, applied for the post of Post Graduate Teacher, Geography (Unreserved). The respondent Nos. 9 and 10 also applied for the said post of Geography (Unreserved).
3. The recruitment to the post of Post Graduate Teac
An OBC candidate scoring below 60% cannot migrate to Unreserved category for recruitment, emphasizing adherence to specific eligibility requirements as per recruitment rules.
Reserved category candidates clearing the TET with relaxed standards should be permitted to have their cases considered against unreserved posts, and the TET marks should not be a deciding factor for....
Reserved category candidates clearing the TET with relaxed standards should be considered against unreserved posts, and relaxation in TET pass marks does not provide an advantage in the recruitment p....
Passing the TET examination is a necessary qualification for appointment as a teacher, and denial based on marks below 60% for unreserved category is not legally valid.
A candidate who qualifies for a teaching post under relaxed norms for OBC category is ineligible to be considered for general category vacancies.
A candidate qualifying for a position under relaxed norms for a reserved category cannot apply for unreserved category vacancies.
The court established that NCTE guidelines for teacher eligibility take precedence over state recruitment criteria, ensuring candidates are evaluated based on merit and eligibility.
Reserved category candidates who availed eligibility concessions cannot migrate to the unreserved category based on merit scores, as it undermines educational standards.
Reserved category candidates who received eligibility concessions cannot migrate to the unreserved category based on merit scores, as this would undermine educational standards.
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