No interference with the 10% concession granted by State of Rajasthan to reserved category candidates in TET by letter dt. 23.03.2011

Supreme Court: Refusing to interfere with the 10% concession granted by the State of Rajasthan to reserved category candidates in TET by the letter dated 23.03.2011 as on that basis, two recruitment tests have been conducted and candidates who have been selected are now teaching for last number of years, the Court said that the State should bring the relaxation within reasonable limits for future selections as very high percentage of relaxation may amount to compromising with quality which may not be conducive to maintaining standards of education. The Court noticed that except for the State of Andhra Pradesh, no other State has granted such wide range of concessions as the State of Rajasthan did in its letter dated 23.03.2011 and hence, said that in order to impart quality education, we need those teachers who are processed of essential aptitude and ability to meet the challenges of teaching at the primary and upper primary levels.

By guidelines dated 11.02.2011, it was specified that the minimum pass percentage of TET is 60, however, later by a communication dated 23.03.2011, relaxation to the reserved category candidates was granted in minimum pass marks in the TET. The candidates belonging to SC/ST, OBC, SBC and women belonging to General category were to be given 10% relaxation in pass marks in TET. Many candidates belonging to the General category filed writ petitions in the High Court of Rajasthan challenging their selection on the ground that minimum percentage for passing TET was 60% and, therefore, all those candidates belonging to the reserved categories who secured less than 60% in TET could not be declared as having passed TET and were, therefore, ineligible to participate in the selection process.

The Bench of Dr. A.K. Sikri and R.K. Agrawal, JJ said that giving of desired concessions to the reserved category persons ensures equality as a levelling process, however, on the other hand, when it comes to selection process such reserved category candidates have to compete with general category candidates wherein due regard for merit is given. Therefore, only those candidates belonging to reserved category who are found meritorious in selection are ultimately appointed. The Court said that no concession becomes available to the reserved category candidate by giving relaxation in pass marks in TET insofar as recruitment process is concerned. It only enables them to compete with others by allowing them to participate in the selection process. Hence, the reserved category candidates who secured more marks than marks obtained by the last candidate selected in general category, would be entitled to be considered against unreserved category vacancies.

Having said so, the Court said that the effect of the order would be as follows:

  • Those reserved category candidates who secured pass marks on the application of relaxed standards as contained in the extant policy of the Government in its communication dated March 23, 2011 to be treated as having qualified TET examination and, thus, eligible to participate in the selection undertaken by the State Government.
  • Migration from reserved category to general category shall be admissible to those reserved category candidates who secured more marks obtained by the last unreserved category candidates who are selected, subject to the condition that such reserved category candidates did not avail any other special concession. It is clarified that concession of passing marks in TET would not be treated as concession falling in the aforesaid category.

[Vikas Sankhala v. Vikas Kumar Agarwal, 2016 SCC OnLine SC 1154 , decided on 18.10.2016]

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