Request for retrospective application of G.O.Ms.No.25, dated 06.02.2014 to the TET held in the year 2012:-
34. In many of these writ petitions, the petitioners whohave appeared in the TET in the year 2012 and who could not secure 60% of marks are before this Court challenging G.O.Ms.No.25, dated 06.02.2014 in so far as it gives retrospective effect of relaxation of 5% of marks only to the TET held in August, 2013. According to the petitioners, such retrospective effect should have been given to the examinations held in the year 2012 also. The primary contention of the petitioners is that denial of giving retrospective effect to the examinations held in 2012, when such retrospective effect has been given to the examinations held in 2013, amounts to discrimination which violates Article 14 of the Constitution of India.
35. In this regard, in the common counter filed by the respondents, it is stated in paragraph 18 and 19 as follows:
"It is submitted that the petitioner cannot seek to extend the concession to candidates who appeared in the TET exams in the year 2012. It will create chaos and confusion and will set at naught the settled things. It will affect the persons who have already been selected and have been declared as eligible to be appointed as Teacher in the TET exam in the year 2012 and who were appointed following the extent reservation policy of the Government and are working in various places. It will collapse and undo the entire things already done. Petitioner and persons who failed in the TET exams in the year 2012 had an opportunity to appear in the TET exams conducted in the year 2013 and many of them have appeared and secured pass marks. Therefore, the petitioner is not a similarly placed person like the candidates to whom the benefits have been extended. The candidates who appeared in the TET exam conducted in the year 2013 are yet to be selected and appointed whereas the candidates selected in the TET exams conducted in the year 2012 have already been appointed. It is submitted that the petitioner at no stretch of imagination can claim to be a similarly placed person.
19. It is submitted that all the averments made in the affidavit by the petitioner are denied as untenable. The crux of the contention of the petitioner is that the Government before passing the impugned Order, has not taken into account the plight of the candidates who appeared in the TET exams in the year 2012 and that Government should have extended the concessions to the candidates who have appeared in the year 2012 also. Once the Government has decided to give the concession to persons who wrote TET exams in the year 2013 also it should have been given to all the persons who wrote the TET exams since its inception as they they are similarly placed and therefore the action of the Government is violating of Articles 14 and 16 of the Constitution of India. The contention of the petitioner is baseless as with respect to the candidates who appeared in the two Teacher Eligibility Tests conducted in 2012 the entire process of selection and appointment have been completed and the candidates have already serve more than a year in Government Schools. However, with respect to the candidates who have appeared in the Teacher Eligibility Test, 2013 the process of selection is under way and it yet to be completed. Hence the order stated to be impugned has been made application to the candidates who appeared in the Teacher Eligibility Test, 2013. Hence the said claim of the petitioner is misconceived and is not tenable and does not hold any water in the eye of law."
36. As has been rightly contended by the TRB, so far as the TET Examinations held in the year 2012 are concerned, after publication of the results much water has flown. The candidates who passed in that examinations have already been selected and appointed as teachers. Further, they have almost put in more than one year of service in the Government schools. If retrospective effect is given to impugned G.O. relaxing 5% of pass marks to the examination held in the year 2012, then the candidates who get the benefit of such relaxation will have to be appointed. In such an event, the appointments already made will have to be disturbed, because such appointments are to be in tune with the policy of reservation as well as the weightatge marks. This would only create chaos and confusion. This can be illustrated in the following manner:
A Scheduled Caste candidate who had secured 60% of marks in the TET Paper-II in 2012 had already been appointed based on the weightage of marks obtained in the Higher Secondary Course, Degree Course, B.Ed Degree Course and in the TET. There is a candidate who had secured 58% of marks belonging to Scheduled Caste and failed. As contended by the petitioners, if the retrospective operation has to be given to the relaxation, then the said candidate had to be declared as passed. Now, in the process of selection, if it is found that he had secured more total weightage marks then the candidate who had already been appointed, then the candidate who had already been appointed has to be disturbed and this candidate has to be appointed based on the total weightage marks.
37. Thus, the above illustration amply demonstrates that giving retrospective effect to relaxation for the TET held in the year 2012 will only result in complete chaos and the same will materially affect the candidates who have already been appointed. It is because of these reasons, as has been contended by the learned Advocate General, the Government has not extended the benefit to the candidates who had appeared in the TET held in the year 2012. Thus, I find that there is no discrimination. Above all, the candidates who have been already appointed are not parties to these writ petitions.
38. So far as the TET Examinations held in August, 2013 are concerned, no candidate has been appointed based on the same so far. But the candidates who have already been declared as passed based on 60% of marks and above are waiting for the selection process. As I have already extracted, in the common counter, the Government has stated that the process of selection has not yet commenced for the current year. I have already held that giving retrospective effect to relaxation to the examination held in August, 2013, will not in any manner affect the interest of those candidates who had secured 60% of marks and above. In view of this factual background, the candidates who had appeared and failed in the TET Examinations held in the year 2012 cannot have any grievance as they cannot be equated with the candidates who have appeared in the 2013 examinations.
39. In view of the foregoing discussions, I hold that G.O.Ms.No.25, School Education (TRB) Department, dated 06.02.2014 cannot be extended retrospectively to the TET examinations held in the year 2012