SC/ST/Reserved Category Having Marks Below 60% in UPTET Can Fight for GENERAL CATEGORY POSTS as TET is ELIGIBILITY CRITERIA

UPTET / ALLAHABAD HIGHCOURT : SC/ST/Reserved Category Having  Marks Below 60% in UPTET Can Fight for GENERAL CATEGORY POSTS  as TET is ELIGIBILITY CRITERIA

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 30
Case :- WRIT - A No. - 3169 of 2013
Petitioner :- Pawan Kumar Singh And Ors.
Respondent :- State Of U.P.Thru Secy & Ors.
Petitioner Counsel :- Arvind Srivastava
Respondent Counsel :- C.S.C.
Hon'ble V.K. Shukla,J.
Petitioners have rushed to this Court with request to direct the respondents to consider only those candidates belonging to OBC,SC,ST category, who have secured 60% marks in the Teacher Eligibility Test Examination-2011 for the post of assistant teacher under general category in each of the district where the petitioners have applied and prepare the merit list accordingly.
Petitioners claim that they have qualified Teacher Eligibility Test which is required for being offered appointment on the post of Assistant Teacher at Primary School run and manage by the Board of Basic Education. Petitioners claim that they are from general category and minimum percentage required for qualifying teacher eligibility test is 60% for general candidate and 55% for O.B.C. category candidates. Petitioners submit that one thousand post of assistant teachers in the primary school run and maintain by the Board of Basic Education in District Allahabad were advertised by means of an advertisement of Assistant Teacher of District Mirzapur in daily news paper "Dainik Jagaran" dated 7.12.2012. Similar advertisement� has been issued for other district of State of Uttar Pradesh. The petitioners have applied for consideration of their candidature on the post of Assistant Teacher in Primary School run and maintain by the Board of Basic Education under general category.
The State Government has formulated a procedure for selection of an assistant teacher by calculating the merit list on the basis of the marks obtained by the candidate in his High School, Intermediate, Degree and Training qualification. The merit is prepared by adding 10% of High School marks of 20% of Intermediate marks 40% of Degree marks and 30% of B.Ed marks. Grievance of the petitioners is that they are being made to compete with OBC category candidates against the post of assistant teacher which are meant for candidates belonging to general category. 
Petitioners' further submission is that State Government having lowered the marks for qualifying the T.E.T. Test for O.B.C. candidates has clearly earmarked two classes of candidates namely candidates belonging to general category and candidates belonging to O.B.C. category and further for reservation of 50% of the post of assistant teacher for O.B.C. candidates and rest 50% only for general candidate. Petitioners in this background submit that such action is totally discriminatory and does not provide equal opportunity for being considered against the post of assistant teacher in general category and accordingly requisite relief be accorded. 
Sri. Arvind Srivastava, learned counsel for the petitioners contended with vehemence that in the present case State Government having lowered the marks for qualifying the T.E.T. test for O.B.C. candidates has clearly earmarked two classes of candidates belonging to general category and candidates belonging to O.B.C. category and in view of this the reserved category candidates should not be permitted to consider against the general category seats and as such accordingly writ petition should be allowed.
Countering the said submission, learned Standing Counsel on the other hand contended that T.E.T. Test is mere eligibility test and merit of T.E.T. test is not at all to be seen and relevant criteria of selection would be by calculating merit list on the basis of marks obtained by the candidates in High School, Intermediate, Degree and Training qualification and as such writ petition deserves to be dismissed.
After respective arguments have been advanced, factual situation which has so emerged that T.E.T. test is a test� required to be passed for being appointed as Assistant Teacher after enforcement of U.P. Right of Children to Free and Compulsory Education Rules, 2009. In reference to general category candidate, eligibility criteria has been provided for as 60% and in reference to OBC/SC/ST category candidates minimum eligibility criteria is 55%. Said criteria has been prescribed strictly as per guidelines of� National Council For Teacher Education. Selection is not at all based on the basis of marks obtained in T.E.T. test, rather candidate has to merely pass the aforementioned qualifying test and thereafter, selection is accordingly governed by procedure as provided under Rule 14 of U.P. Basic Education Teacher Services Rules, 1981 wherein� marks are to be competed on the basis of marks obtained by candidate in High School, Intermediate, Degree and Training qualification. Contention of petitioners is that candidates� who have secured 55% marks in T.E.T. examination should not be considered in open market, cannot be accepted, inasmuch as reservation has a purposes and here only in order to see that candidate has passed T.E.T. criteria of 60% for General category� and 55%� for OBC/SC/ST category� candidate has been prescribed and thereafter, selection in question is to be made strictly as per Rule 14 of U.P. Basic Education Teacher Services Rules, 1981. 
In view of this, challenge made is misconceived and� present writ petition is accordingly dismissed.
Order Date :- 21.1.2013
T.S.

Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2328474