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.

JUDGMENT :

Heard learned counsel for the parties.

2. The grievance of the petitioner is that though she had qualified in the Teachers Eligibility Test (in short TET) examination but she has not been given appointment for the post of Assistant Teacher in spite of the fact that her marks were more than the last selected candidate.

3. Learned counsel for the petitioner draws attention of this Court towards the advertisement which was published in the year 2015 for the post of appointment of Teachers and submits that by going through the advertisement it would transpire that that the qualification for being appointed as Teacher, the candidates must have passed TET. However, though the petitioner is having more merit points than the last selected candidate but the appointment has been denied to her.

4. Learned counsel further draws attention of this Court towards the counter affidavit wherein stand has been taken by the respondents that as per Jharkhand Primary School Teachers’ Appointment Rules, 2012 (hereinafter to be referred as Appointment Rules); the petitioner had to secure 60% marks in TET examination for appointment on the post of Trained Graduate Assistant Teacher; as PH category are to be treated as unreserved category. Since the petitioner had applied under unreserved/PH category she must secure 60% marks in TET examination for appointment on the post of Trained Graduate Assistant Teacher. Further the candidate having the minimum 60% qualifying marks in TET examination has been given appointment on the post of Trained Graduate Assistant Teacher. Since the petitioner has secured less marks in TET examination, therefore, she has not been given appointment on the post of Trained Graduate Assistant Teacher.

She contended that the stand of the respondents that since the petitioner was qualified in TET examination as a reserved candidates and secured less than 60 percent and thus not entitled for appointment; is not tenable in the eye of law, in as much as, Clause-4 ¼[k½ (II) ¼c½ of Appointment Rules clearly stipulates that passing of TET examination is only for the purpose of qualification. Relying upon Clause-4 ¼[k½ (II) ¼c½ of the Appointment Rules, she submits that the action of the respondents is not legal and fit to be rejected. Since the petitioner had secured more merit points than the last selected candidate; thus, her case as Trained Graduate Assistant Teacher may be considered in the light of the Clause-4 ¼[k½ (II) ¼c½ which categorically states that the marks of TET examination will be only for qualifying purpose.

5. Learned counsel for the respondent-State reiterated the statement made in the counter affidavit and submits that since the petitioner had secured 57.33% marks in the TET examination which is less than 60% which is required for consideration of appointment under unreserved category; whereas the selected candidate Mr. Jha had secured 60.7% in the TET examination comes under the general category. As a matter of fact, the petitioner is having eligibility criteria to be considered under BC category only; whereas there is no vacancy under the BC category. Therefore, the petitioner cannot be appointed as a teacher under the general category as in the TET examination, she has not secured 60% marks and therefore her candidature has been rejected.

6. Having heard learned counsel for the parties and after going through the documents annexed with the respective affidavits and the averments made therein; it appears that the admitted fact of the case is that the petitioner qualified in the TET examination being a reserved category candidate and she duly applied for the post Trained Graduate Assistant Teacher pursuant to the advertisement No.03/2015 for the District of Deoghar.

7. From bare perusal of the said advertisement, it appears that as per Clause-4 ¼[k½ (II) ¼c½ the only qualification which was required that the candidates should be TET pass. It further transpires that pursuant to this advertisement, though the petit