RAJASTHAN HIGH CHOURT CHIEF JUSTICE BENCH DECISION ON TET / and RECRUITMENT ON THE BASIS OF TET EXAM PART -X
PART -X
Indisputably in these appeals, the competence of the NCTE either to issue the guidelines dated 11.2.2011 to conduct the TET or to vest a discretion amongst others to the State Government to grant relaxation as contemplated in clause 9(a) in accordance with its extant reservation policy has not been questioned. Patently as well the guidelines circulated vide letter dated 11.2.2011 of the NCTE deal exclusively with the modalities pertaining to TET. In our estimate also, the legislative empowerment of the NCTE to lay down the minimum qualifications for appointment as a Teacher, as is evident from Section 23 of the Act, 2009, does not obdurately limit it to prescribe only the academic qualifications but also permit prescription of essential norms of eligibility to effectuate the underlying objectives of the enactment.
While irrefutably, concessions as contemplated to the reserved category candidates, have to be essentially in conformity with the extant reservation policy, the TET scores, due to the weightage to be accorded to it, would unmistakably contribute to the eventual performance of a candidate qua his/her recruitment. A candidate who thus, pass the TET would be eligible to participate in a process
of recruitment to the post of a teacher in both the levels, provided he/she is possessed of the academic
qualifications prescribed therefor and would further be entitled to weightage of the marks scored by him/her in the TET examination, if he/she passes the same.
Axiomatically thus, for a candidate who pass the TET in terms of the modalities prescribed and is otherwise academically qualified to partake in the process of recruitment of a teacher as contemplated, he/she would have the benefit of weightage of his/her marks in the said examination to adjudge finally, his/her performance for selection. Viewed thus, vis-a-vis the candidates who pass the TET, the marks secured by them in this examination would form an integral segment of their final scores on the basis whereof, the merit list for recruitment would be drawn up. A pass in the TET consequently, though at theinitiation of the process of recruitment would be a criterion of eligibility, the marks secured therein would eventually get integrated in the performance of a candidate for his/her eventual assessment of comparative merit for selection for recruitment. A pass in the TET, in
this composite scheme of evaluation of a candidate thus, in the ultimate analysis, transforms itself from a norm of eligibility to a contributory ingredient of overall performance of a candidate deciding his/her prospect of selection for eventual recruitment. The factum of being successful in the TET, as comprehended in clause 9, therefore, has an undeniable impact, in our comprehension, on the process of recruitment.
Be that as it may, the State Government in the School Education Department, acting on the guidelines, vide its letter No.PS/PSE/2010/91 dated 23.3.2011 addressed to the Secretary, & Coordinator, Rajasthan Teacher Eligibility test, Rajasthan Board for Secondary Education, Ajmer, decided to grant the following concessions to the persons belonging to the Scheduled
Castes/Scheduled Tribes, Other Backward Classes, differently able to persons etc., as contemplated in
paragraph 9 of the guidelines of the NCTE circulated vide its letter dated 11.2.2011:
“(a) 10% concession may be given to all the persons belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, Special Backward Classes, and all women belonging to the General Category.
(b) 15% concession may be given to all the women belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, Special Backward Classes, and all widowed and divorced women.
(c) 20% concession may be given to all the persons covered under the definition of “person
with disability” under clause (t) of section 2 of the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995.”
Certain clarifications regarding persons pursuing any of the teacher education courses were also provided.
A bare perusal of this letter dated 23.3.2011 however, does not disclose any reference to the extant
reservation policy of the government, as mentioned in clause 9 of the letter dated 11.2.2011 of the NCTE.
Subsequent thereto, on 30.3.2011, Board of Secondary Education, Rajasthan, Ajmer issued an advertisement for the RTET-2011 to be held on 22.5.2011. The last date for submission of the application form was mentioned to be 18.4.2011. The norm of eligibility i.e. minimum academic
qualifications for appearing in the said test were the same, as enumerated in the notification dated 23.8.2010 of the NCTE. While 60% or more marks was prescribed for a pass in the said test for the general category candidates, concessions to the extent as set out in the letter dated 23.3.2011, were accorded to the three classes of reserved category candidates mentioned therein. There is no dissensus at the Bar that the parties
in the fray did eventually take the TET and results thereof were declared on 28.8.2011. In between, Notification No.F.No.61-1/2011/NCTE/(N&S) dated 29.7.2011 was issued by the NCTE in exercise of its powers under Section 23(1) of the Act 2009 introducing the amendment of its earlier notification dated 23.8.2010 laying down minimum qualifications for a person to be eligible for
appointment as a teacher. This notification though occasioned alterations in the minimum academic
qualifications, it retained the requirement of a pass in the TET to be conducted by the appropriate Government in accordance with its guidelines. However, thereby paragraph 3 of the principal notification dated 23.8.2010 was substituted as hereunder:-
“(i) Training to be undergone.- A person-
(a) with Graduation with at least 50% marks and B.Ed. qualification or with at least 45% marks
and 1-year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition Norms
and Procedure) Regulations issued from time to time in this regard shall also be eligible for
appointment to Class I to V up to 1st January,2012, provided he/she undergoes, after
appointment, an NCTE recognized 6-month Special Programme in Elementary Education;
(b) with D.Ed.(Special Education) or B.Ed.(Special Education) qualification shall undergo, after
appointment an NCTE recognized 6-month Special Programme in Elementary Education.
(ii) Reservation Policy:
Relaxation up to 5% in the qualifying marks shall be allowed to the candidates belonging to
reserved categories; such as SC/ST/OBC/PH.”
In Item No.(ii) of this paragraph, under the caption “Reservation Policy”, it was provided that relaxation upto 5% in the qualifying marks would be allowed to the candidates belonging to the reserved categories i.e.SC/ST/OBC/PH.
Whereas, the respondent-State insists that this relaxation is qua the minimum marks in the qualifying
examination of senior secondary/graduation etc., the respondents/writ petitioners maintain it to be relatable to the pass marks in the TET. According to them, the results of the TET prepared and declared in terms of the letter dated 23.3.2011, were thus non est, to the extent of concession being granted to the reserved category candidates, above 5% in the marks secured in the TET,
the same being apparently repugnant to the prescription to this effect contained in the notification dated 29.7.2011. They thus, contend that the reserved category candidates who secured less than 55% marks in the TET could not have been declared to have passed the said examination, so as to enable them to participate further in the recruitment process for appointment to the post of teacher in Levels I and II.
The original paragraph 3 of the principal notification dated 23.8.2010 needs to be recalled to appropriately analyze this otherwise irreconciliable orientations. For ready reference it is quoted hereunder:-
“3. Training to be undergone.- A person -
(a) with BA/B.Sc. with at least 50% marks and B.Ed. qualification shall also be eligible for
appointment for class I to V upto Ist January, 2012, provided he undergoes, after
appointment, an NCTE recognized 6-month special programme in Elementary Education.
(b) with D.Ed.(Special Education) or B.Ed (Special Education) qualification shall undergo,
after appointment, an NCTE recognized 6-month special programme in Elementary Education.”
A cursory perusal of the contents of this quote would demonstrate that paragraph 3 of the notification dated 23.8.2010 dealt exclusively with the aspect of NCTE recognized 6-months Special Programme in Elementary Education by way of training of the persons with qualifications mentioned therein, after appointment. There was neither any comprehension nor any provision for reservation or relaxation of marks. Academic qualifications with minimum percentage of marks was
however, referred to.
In the amended paragraph 3, introduced by the notification dated 29.7.2011, apart from modified
academic qualifications with percentage of marks, relaxation upto 5% in the qualifying marks was provided for the candidates belonging to the reserved categories, such as SC/ST/OBC/PH. The texts of the two paragraphs of the notifications dated 23.8.2010 and 29.7.2011 when juxtaposed, in our estimate, connote that the concession of 5% in the qualifying marks pertains to the percentage
of marks in the qualifying examination of Senior Secondary/Graduation etc. and not to the percentage of pass marks in TET. The schemes of the notifications dated 23.8.2010 and 29.7.2011 do not permit the interpretation, as asserted on behalf of the respondents/writ petitioners. Both these notifications, in clear terms, deal with the minimum qualifications of a person to be eligible for appointment as a teacher of
which a pass in the TET, as clarified by the guidelines dated 11.2.2011, was a norm of eligibility.
This view is fortified by the letter No. F.No.61-1/2011/NCTE/N&S dated 1.4.2011 of the NCTE addressed, amongst others, to all Secretaries and Commissioners of the State Governments/UTs clarifying that following the issuance of the notification dated 23.8.2010, it had received representations from the State Government and other stakeholders that in respect of SCs/STs etc.
relaxation upto 5% in the qualifying marks should be allowed, since such relaxation is permissible by the NCTE for admission in various teacher education courses.
Referring to the minimum marks in the notification dated 23.8.2010, in senior secondary (or its equivalent) or in B.A./B.Sc., it was elucidated that following its meeting held on 16.3.2011 it was decided that relaxation upto 5% in such qualifying marks would be available to SCs/STs etc., in accordance with the extant policy of the State Government /UTs and other school managements. There is no reference of such relaxation to pass marks in the TET. This accommodation of the NCTE, by way ofconcession of 5% marks qua the academic qualifications, is also evident from the provisions of the National Council for Teacher Education (Recognition Norms & Procedure)
Regulations, 2009 (hereinafter referred to as '2009 Regulations') and the norms and standards for various education courses as specified in the Appendices thereto and referred to in the course of arguments on its behalf.
The explanation of the NCTE with regard to the nature of the relaxation granted under the caption “reservation policy” traceable to paragraph 3 of the principal notification dated 23.8.2010 with reference amongst others to the 2009 Regulations cannot be ignored or discarded. The pleadings to this effect and the arguments advanced project its consistent stand on this facet of the debate. Relaxation upto 5% in the qualifying marks in the amended paragraph 3 of the notification dated 23.8.2010, in our comprehension, is thus wholly unrelated to the percentage of pass marks in the TET. The sanction of relaxation of 5% in the qualifying marks, in our
comprehension, thus has no nexus with the pass marks in the TET. Any endeavour to relate it to the percentage of marks in the TET, would be doing violence to the tone, tenor and contents of the notifications, which is clearly impermissible. The notification dated 29.7.2011 having regard to the scheme and purport thereof has to be essentially co-related with the one dated 23.8.2010,
which originally did not contemplate any relaxation.
Logically, thus, this notification does not supersede the guidelines dated 11.2.2011 governing the conduct of the TET. The respondents'/writ petitioners' plea of disqualification of reserved category candidates securing less than 55% marks in the TET thus, cannot be sustained.
Meanwhile, one Durga Das and seven others inter alia in S.B.Civil Writ Petition No.10785/2011 invoked the extraordinary jurisdiction of this Court to annul clause 9 (a) of the guidelines dated 11.2.2011 of the NCTE and clause 4(a) of the advertisement dated 30.3.2011 dealing with the relaxation in the minimum pass marks accorded to the reserved category candidates in the RTET-2011. A Single Bench of this Court by order dated 9.9.2011 while noticing that the results of the said examination had been declared on 28.8.2011, in the interim, restrained the
Board of Secondary Education, Rajasthan, Ajmer from issuing any eligibility certificate on the basis thereof to the candidates who had been declared to have passed by availing the aforementioned concessions.
The application under Article 226(3) of the Constitution of India moved by the department having
been rejected on 8.12.2011 the State of Rajasthan preferred D.B.Civil Special Appeal (Writ) No.2664/2011, and by order dated 6.1.2012, a Coordinate Bench of this Court held that as the challenge involved impugnment of statutory guidelines, the learned Single Judge lacked
jurisdiction to entertain the same. The interim restraint was thus, vacated and the matter was ordered to be listed before a Division Bench. Subsequent thereto however, this petition was dismissed as infructuous on 28.9.2012.
There was thus, no adjudication on merit of the assailment of the validity of clause 9(a) of the guidelines dated 11.2.2011 and clause 4(a) of the advertisement dated 30.3.2011 for the RTET-2011 designed on the relaxation granted by the State Government vide its letter dated 23.3.2011. The attention of this Court has not been drawn to any other pending assailment either of clause 9
of the guidelines or the relaxation granted by the State Government vide its letter dated 23.3.2011 or paragraph 4(a) of the advertisement dated 30.3.2011. This notification dated 29.7.2011, therefore, as the relaxation referred to therein does not relate to the percentage of marks to be secured in the TET to pass the same, cannot be construed to be in supersession either of the guidelines
dated 11.2.2011 or the letter dated 23.3.2011 of the
State Government.
UPTET / टीईटी / TET - Teacher Eligibility Test Updates / Teacher Recruitment /SARKARI
NAUKRI NEWS / SARKARI NAUKRI News
Read more: http://naukri-recruitment-result.blogspot.com/#ixzz36cV9AUClPART -X
Indisputably in these appeals, the competence of the NCTE either to issue the guidelines dated 11.2.2011 to conduct the TET or to vest a discretion amongst others to the State Government to grant relaxation as contemplated in clause 9(a) in accordance with its extant reservation policy has not been questioned. Patently as well the guidelines circulated vide letter dated 11.2.2011 of the NCTE deal exclusively with the modalities pertaining to TET. In our estimate also, the legislative empowerment of the NCTE to lay down the minimum qualifications for appointment as a Teacher, as is evident from Section 23 of the Act, 2009, does not obdurately limit it to prescribe only the academic qualifications but also permit prescription of essential norms of eligibility to effectuate the underlying objectives of the enactment.
While irrefutably, concessions as contemplated to the reserved category candidates, have to be essentially in conformity with the extant reservation policy, the TET scores, due to the weightage to be accorded to it, would unmistakably contribute to the eventual performance of a candidate qua his/her recruitment. A candidate who thus, pass the TET would be eligible to participate in a process
of recruitment to the post of a teacher in both the levels, provided he/she is possessed of the academic
qualifications prescribed therefor and would further be entitled to weightage of the marks scored by him/her in the TET examination, if he/she passes the same.
Axiomatically thus, for a candidate who pass the TET in terms of the modalities prescribed and is otherwise academically qualified to partake in the process of recruitment of a teacher as contemplated, he/she would have the benefit of weightage of his/her marks in the said examination to adjudge finally, his/her performance for selection. Viewed thus, vis-a-vis the candidates who pass the TET, the marks secured by them in this examination would form an integral segment of their final scores on the basis whereof, the merit list for recruitment would be drawn up. A pass in the TET consequently, though at theinitiation of the process of recruitment would be a criterion of eligibility, the marks secured therein would eventually get integrated in the performance of a candidate for his/her eventual assessment of comparative merit for selection for recruitment. A pass in the TET, in
this composite scheme of evaluation of a candidate thus, in the ultimate analysis, transforms itself from a norm of eligibility to a contributory ingredient of overall performance of a candidate deciding his/her prospect of selection for eventual recruitment. The factum of being successful in the TET, as comprehended in clause 9, therefore, has an undeniable impact, in our comprehension, on the process of recruitment.
Be that as it may, the State Government in the School Education Department, acting on the guidelines, vide its letter No.PS/PSE/2010/91 dated 23.3.2011 addressed to the Secretary, & Coordinator, Rajasthan Teacher Eligibility test, Rajasthan Board for Secondary Education, Ajmer, decided to grant the following concessions to the persons belonging to the Scheduled
Castes/Scheduled Tribes, Other Backward Classes, differently able to persons etc., as contemplated in
paragraph 9 of the guidelines of the NCTE circulated vide its letter dated 11.2.2011:
“(a) 10% concession may be given to all the persons belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, Special Backward Classes, and all women belonging to the General Category.
(b) 15% concession may be given to all the women belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, Special Backward Classes, and all widowed and divorced women.
(c) 20% concession may be given to all the persons covered under the definition of “person
with disability” under clause (t) of section 2 of the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995.”
Certain clarifications regarding persons pursuing any of the teacher education courses were also provided.
A bare perusal of this letter dated 23.3.2011 however, does not disclose any reference to the extant
reservation policy of the government, as mentioned in clause 9 of the letter dated 11.2.2011 of the NCTE.
Subsequent thereto, on 30.3.2011, Board of Secondary Education, Rajasthan, Ajmer issued an advertisement for the RTET-2011 to be held on 22.5.2011. The last date for submission of the application form was mentioned to be 18.4.2011. The norm of eligibility i.e. minimum academic
qualifications for appearing in the said test were the same, as enumerated in the notification dated 23.8.2010 of the NCTE. While 60% or more marks was prescribed for a pass in the said test for the general category candidates, concessions to the extent as set out in the letter dated 23.3.2011, were accorded to the three classes of reserved category candidates mentioned therein. There is no dissensus at the Bar that the parties
in the fray did eventually take the TET and results thereof were declared on 28.8.2011. In between, Notification No.F.No.61-1/2011/NCTE/(N&S) dated 29.7.2011 was issued by the NCTE in exercise of its powers under Section 23(1) of the Act 2009 introducing the amendment of its earlier notification dated 23.8.2010 laying down minimum qualifications for a person to be eligible for
appointment as a teacher. This notification though occasioned alterations in the minimum academic
qualifications, it retained the requirement of a pass in the TET to be conducted by the appropriate Government in accordance with its guidelines. However, thereby paragraph 3 of the principal notification dated 23.8.2010 was substituted as hereunder:-
“(i) Training to be undergone.- A person-
(a) with Graduation with at least 50% marks and B.Ed. qualification or with at least 45% marks
and 1-year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition Norms
and Procedure) Regulations issued from time to time in this regard shall also be eligible for
appointment to Class I to V up to 1st January,2012, provided he/she undergoes, after
appointment, an NCTE recognized 6-month Special Programme in Elementary Education;
(b) with D.Ed.(Special Education) or B.Ed.(Special Education) qualification shall undergo, after
appointment an NCTE recognized 6-month Special Programme in Elementary Education.
(ii) Reservation Policy:
Relaxation up to 5% in the qualifying marks shall be allowed to the candidates belonging to
reserved categories; such as SC/ST/OBC/PH.”
In Item No.(ii) of this paragraph, under the caption “Reservation Policy”, it was provided that relaxation upto 5% in the qualifying marks would be allowed to the candidates belonging to the reserved categories i.e.SC/ST/OBC/PH.
Whereas, the respondent-State insists that this relaxation is qua the minimum marks in the qualifying
examination of senior secondary/graduation etc., the respondents/writ petitioners maintain it to be relatable to the pass marks in the TET. According to them, the results of the TET prepared and declared in terms of the letter dated 23.3.2011, were thus non est, to the extent of concession being granted to the reserved category candidates, above 5% in the marks secured in the TET,
the same being apparently repugnant to the prescription to this effect contained in the notification dated 29.7.2011. They thus, contend that the reserved category candidates who secured less than 55% marks in the TET could not have been declared to have passed the said examination, so as to enable them to participate further in the recruitment process for appointment to the post of teacher in Levels I and II.
The original paragraph 3 of the principal notification dated 23.8.2010 needs to be recalled to appropriately analyze this otherwise irreconciliable orientations. For ready reference it is quoted hereunder:-
“3. Training to be undergone.- A person -
(a) with BA/B.Sc. with at least 50% marks and B.Ed. qualification shall also be eligible for
appointment for class I to V upto Ist January, 2012, provided he undergoes, after
appointment, an NCTE recognized 6-month special programme in Elementary Education.
(b) with D.Ed.(Special Education) or B.Ed (Special Education) qualification shall undergo,
after appointment, an NCTE recognized 6-month special programme in Elementary Education.”
A cursory perusal of the contents of this quote would demonstrate that paragraph 3 of the notification dated 23.8.2010 dealt exclusively with the aspect of NCTE recognized 6-months Special Programme in Elementary Education by way of training of the persons with qualifications mentioned therein, after appointment. There was neither any comprehension nor any provision for reservation or relaxation of marks. Academic qualifications with minimum percentage of marks was
however, referred to.
In the amended paragraph 3, introduced by the notification dated 29.7.2011, apart from modified
academic qualifications with percentage of marks, relaxation upto 5% in the qualifying marks was provided for the candidates belonging to the reserved categories, such as SC/ST/OBC/PH. The texts of the two paragraphs of the notifications dated 23.8.2010 and 29.7.2011 when juxtaposed, in our estimate, connote that the concession of 5% in the qualifying marks pertains to the percentage
of marks in the qualifying examination of Senior Secondary/Graduation etc. and not to the percentage of pass marks in TET. The schemes of the notifications dated 23.8.2010 and 29.7.2011 do not permit the interpretation, as asserted on behalf of the respondents/writ petitioners. Both these notifications, in clear terms, deal with the minimum qualifications of a person to be eligible for appointment as a teacher of
which a pass in the TET, as clarified by the guidelines dated 11.2.2011, was a norm of eligibility.
This view is fortified by the letter No. F.No.61-1/2011/NCTE/N&S dated 1.4.2011 of the NCTE addressed, amongst others, to all Secretaries and Commissioners of the State Governments/UTs clarifying that following the issuance of the notification dated 23.8.2010, it had received representations from the State Government and other stakeholders that in respect of SCs/STs etc.
relaxation upto 5% in the qualifying marks should be allowed, since such relaxation is permissible by the NCTE for admission in various teacher education courses.
Referring to the minimum marks in the notification dated 23.8.2010, in senior secondary (or its equivalent) or in B.A./B.Sc., it was elucidated that following its meeting held on 16.3.2011 it was decided that relaxation upto 5% in such qualifying marks would be available to SCs/STs etc., in accordance with the extant policy of the State Government /UTs and other school managements. There is no reference of such relaxation to pass marks in the TET. This accommodation of the NCTE, by way ofconcession of 5% marks qua the academic qualifications, is also evident from the provisions of the National Council for Teacher Education (Recognition Norms & Procedure)
Regulations, 2009 (hereinafter referred to as '2009 Regulations') and the norms and standards for various education courses as specified in the Appendices thereto and referred to in the course of arguments on its behalf.
The explanation of the NCTE with regard to the nature of the relaxation granted under the caption “reservation policy” traceable to paragraph 3 of the principal notification dated 23.8.2010 with reference amongst others to the 2009 Regulations cannot be ignored or discarded. The pleadings to this effect and the arguments advanced project its consistent stand on this facet of the debate. Relaxation upto 5% in the qualifying marks in the amended paragraph 3 of the notification dated 23.8.2010, in our comprehension, is thus wholly unrelated to the percentage of pass marks in the TET. The sanction of relaxation of 5% in the qualifying marks, in our
comprehension, thus has no nexus with the pass marks in the TET. Any endeavour to relate it to the percentage of marks in the TET, would be doing violence to the tone, tenor and contents of the notifications, which is clearly impermissible. The notification dated 29.7.2011 having regard to the scheme and purport thereof has to be essentially co-related with the one dated 23.8.2010,
which originally did not contemplate any relaxation.
Logically, thus, this notification does not supersede the guidelines dated 11.2.2011 governing the conduct of the TET. The respondents'/writ petitioners' plea of disqualification of reserved category candidates securing less than 55% marks in the TET thus, cannot be sustained.
Meanwhile, one Durga Das and seven others inter alia in S.B.Civil Writ Petition No.10785/2011 invoked the extraordinary jurisdiction of this Court to annul clause 9 (a) of the guidelines dated 11.2.2011 of the NCTE and clause 4(a) of the advertisement dated 30.3.2011 dealing with the relaxation in the minimum pass marks accorded to the reserved category candidates in the RTET-2011. A Single Bench of this Court by order dated 9.9.2011 while noticing that the results of the said examination had been declared on 28.8.2011, in the interim, restrained the
Board of Secondary Education, Rajasthan, Ajmer from issuing any eligibility certificate on the basis thereof to the candidates who had been declared to have passed by availing the aforementioned concessions.
The application under Article 226(3) of the Constitution of India moved by the department having
been rejected on 8.12.2011 the State of Rajasthan preferred D.B.Civil Special Appeal (Writ) No.2664/2011, and by order dated 6.1.2012, a Coordinate Bench of this Court held that as the challenge involved impugnment of statutory guidelines, the learned Single Judge lacked
jurisdiction to entertain the same. The interim restraint was thus, vacated and the matter was ordered to be listed before a Division Bench. Subsequent thereto however, this petition was dismissed as infructuous on 28.9.2012.
There was thus, no adjudication on merit of the assailment of the validity of clause 9(a) of the guidelines dated 11.2.2011 and clause 4(a) of the advertisement dated 30.3.2011 for the RTET-2011 designed on the relaxation granted by the State Government vide its letter dated 23.3.2011. The attention of this Court has not been drawn to any other pending assailment either of clause 9
of the guidelines or the relaxation granted by the State Government vide its letter dated 23.3.2011 or paragraph 4(a) of the advertisement dated 30.3.2011. This notification dated 29.7.2011, therefore, as the relaxation referred to therein does not relate to the percentage of marks to be secured in the TET to pass the same, cannot be construed to be in supersession either of the guidelines
dated 11.2.2011 or the letter dated 23.3.2011 of the
State Government.
