Sudhanshu Dhulia, J.

1. The petitioners are a member of Other Backward Classes (from herein after referred to as the “OBC”) community, namely, “Rawalta” in State of Uttarakhand. The petitioners have applied as an ‘OBC’ candidates for the post of Assistant Teacher Primary School for which one of the essential requirements for appointment in the State of Uttarakhand, pursuant to the Right of Children to Free and Compulsory Education Act, 2009 and the subsequent Notification of National Council for Teachers Education (from herein after referred to as “the NCTE”) dated 23rd August, 2010, is a Diploma or Certificate in Basic Teaching Certificate (from herein after referred to as the “BTC”) as well as a candidate must have a qualification known as “Teacher’s Eligibility Test” (from hereinafter referred to as the “TET”).

2. Though for general category candidates the passing marks in TET was 60% and for OBC, SC and ST category candidates the passing marks was 50%. Since the petitioners appeared in Uttarakhand TET as general candidate in the year 2013, as the petitioners were not having an OBC Certificate at the relevant time and they have scored more than 50% marks, they were decla