Under the NCTE Guidelines for the Teacher Eligibility Test, can a reserved category candidate who availed relaxation in the qualifying marks in TET migrate to the open category on the strength of higher merit in the main selection examination?

Yes, where the relaxation does not affect merit. A relaxation or concession in the qualifying examination merely enables entry of a candidate into the zone of consideration and creates a level playing field, and where no concession or relaxation is granted in the ultimate selection, the inter se merit has to be determined solely on the basis of performance in the main examination. Migration to the open category is then permissible.

Right of Children to Free and Compulsory Education Act, 2009 — s.23 — NCTE Guidelines dated 11.02.2011 — Clause 9 — Teacher Eligibility Test — Relaxation in qualifying marks — Migration to open category — Reservation — NCTE Guidelines dated 11.02.2011 — Clause 9 — Relaxation in qualifying examination — level playing field, merit unaffected — Held: A relaxation in the qualifying examination merely enables entry into the zone of consideration and creates a level playing field. It is not a relaxation in the standard where inter se merit is determined solely on performance in the main examination. (¶19, 28) Recruitment Rules — Employment notification — Migration of reserved category candidate to open category — Held further: Migration of a reserved category candidate who availed a concession in the qualifying examination depends on the Recruitment Rules or employment notification. It is permissible where these permit it, or are silent and do not expressly prohibit it. (¶19) Right of Children to Free and Compulsory Education Act, 2009 — s.23 — Essential eligibility criteria — non-fulfilment bars migration — Held further: A reserved category candidate who does not fulfil the essential eligibility criteria prescribed for a selection cannot migrate to an open category. Where the NCTE guidelines themselves permit relaxation, 60% marks in TET is not an essential eligibility condition. (¶19, 31) Teachers Aptitude and Intelligence Test, 2022 — Merit list — exclusion of more meritorious reserved candidate impermissible — Held further: Appellants more meritorious than the last selected candidate under the general category cannot be excluded from consideration under that category in the absence of any express prohibition in the Recruitment Rules or notification. Impugned judgment quashed and set aside; appeals allowed. (¶32, 33)

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