The court upheld the validity of requiring 60% in each paper of the Teacher Eligibility Test, asserting it enhances teaching quality and that awarding grace marks for eligibility did not distort merit.

JUDGMENT :

ASHUTOSH KUMAR, CJ.

1. We have heard Mr. R. Mazumdar, learned Advocate for the appellants in Writ Appeal No.186/2022; Mr. K.N. Choudhury, learned Senior Advocate, assisted by Mr. D.J. Das, learned Advocate for the appellants in Writ Appeal No.215/2022; Mr. K.K. Mahanta, learned Senior Advocate, assisted by Mr. K.M. Mahanta, learned Advocate for the appellants in Writ Appeal No.222/2022 and Dr. G.J. Sharma, learned Advocate for the appellants in Writ Appeal No.283/2022. Also heard Mr. R. Mazumdar, learned Standing Counsel, Education (Secondary) Department; Mr. I. Chowdhury, learned Senior Advocate, assisted by Mr. T. Das, learned Advocate for the respondent Nos.817 to 821 in Writ Appeal No.186/2022 and Mr. S. Borthakur, leaned Advocate for the respondent Nos.793 to 816 in Writ Appeal No.186/2022.

2. All the appeals have been heard together and are being disposed of by this common judgment.

3. The Government of Assam in the Secondary Education Department, keeping in mind the provisions contained in the Assam Secondary Education (Provincialised Schools) Service Rules, 2018 (hereinafter to be referred as the “Rules of 2018”), constituted an “Empowered Committee for TET for Secondary Education, Assam” (hereinafter to be referred as the “Empowered Committee”) for conducting the Teacher Eligibility Test Examinations for candidates to appear and qualify the Teacher Eligibility Test (hereinafter to be referred as “TET”) for Secondary Education.

4. The Empowered Committee issued an advertisement on 13.11.2019 inviting applications for appearing in the TET from intending candidates for Graduate Teachers in Secondary Education, Assam for Assamese medium only. For the purposes of conducting the TET Examination, the advertisement clearly notified the zones, the eligibility criteria, the time schedule as also the structure and content of the Test. The Examination was to take place for 200 marks for 200 Multiple Choice Questions (MCQs), each one of them carrying equal marks. There were two parts of the Examination, the first part being General Studies, current affairs and the subject Examination, whereas the second part was for pedagogy and General English. It was specified in the said advertisement that the candidates will have to qualify both the parts separately to qualify the Examination. The minimum qualifying marks for passing the TET was fixed at 60% with 5% relaxation for SC/ST/OBC/MOBC/PWD candidates. It was also stipulated in the advertisement that notwithstanding the minimum prescribed marks secured in the TET Examination, the number of candidates declared as TET Examination qualified would be maximum of double the number of vacancies of teachers and such candidates will be determined as per merit position. All candidates, who would pass the TET Examination, will be awarded with a Certificate and the validity of the said Certificate shall be for a maximum period of 7(seven) years from the date of issuance of the said Certificate by the Empowered Committee, Government of Assam, subject to the condition that the candidate would otherwise fulfill the eligibility criteria prescribed for recruitment to service in the Government of Assam.

5. It would be relevant here to state that Rules 10(1) and 10(2) of the Rules of 2018 provide for academic and professional qualification. It specifies that in addition to such academic and professional qualifications, as mentioned in Schedule-III to the Rules, for direct recruitment to the posts, candidates shall have to appear and pass in the Teacher Eligibility Test (TET) in the concerned cadre, conducted by the Government scoring a minimum of 60% marks in case of Un-reserved Ca