Reserved candidates can migrate to open category despite TET relaxation: Supreme Court holds eligibility relaxation does not affect merit

Held: The Supreme Court held that candidates belonging to reserved categories who have availed relaxation in a qualifying examination such as TET are entitled to migrate to the open category if they secure higher merit in the main selection examination, provided there is no express prohibition in the recruitment rules. It was held that relaxation in qualifying marks only affects eligibility to participate in the selection process and does not impact inter se merit, which must be determined solely on the basis of performance in the main examination. The Court clarified that denial of migration in such circumstances would unjustly penalise merit and misapply the principle of reservation.

Summary: The appellants, belonging to reserved categories, were excluded from the open category in teacher recruitment despite securing higher marks than general category candidates, on the ground that they had availed relaxation in TET qualifying marks. The High Court upheld this exclusion relying on earlier precedents. The Supreme Court examined the statutory framework under the Right to Education Act, NCTE guidelines, and Maharashtra Government Resolutions, and distinguished between eligibility conditions and merit determination. It held that TET is only a qualifying examination and relaxation therein merely enables participation in the main examination (TAIT), where no concession is granted and merit is assessed uniformly. The Court analysed precedents including Jitendra Kumar Singh and Vikas Sankhala to hold that such relaxation creates a level playing field and does not confer undue advantage. It further held that decisions like Pradeep Kumar were inapplicable as they dealt with failure to meet essential eligibility criteria. In absence of any express bar in recruitment rules, migration to the open category was held permissible.

Decision: The Supreme Court allowed the appeals, set aside the judgment of the High Court, directed inclusion of the appellants in the open category merit list if they secured higher marks than the last selected general candidate, allowed impleadment applications of similarly situated candidates, and granted relief accordingly without costs.