Gauhati High Court
Smti Beauti Chetia vs The State Of Assam Represented By The ... on 3 September, 2025
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GAHC010121252025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/186/2025
SMTI BEAUTI CHETIA
W/O - SRI PUTUL CHUTIA, PERMANENT R/O- VILL KATH GAON, P.O -
MORNOI BEBEJIA, P.S GHILAMARA, DIST- LAKHIMPUR, ASSAM, PIN-
787055, PRESENT R/OGARIGAON, NEAR ASSAM FOREST SCHOOL,
JALUKBARI, GUWAHATI781013
VERSUS
1: THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND
SECRETARY EDUCATION (SEC) DEPTT, DISPUR, GHY- 06.
2:DIRECTOR SECONDARY EDUCATION
ASSAM KAHILIPARA GUWAHATI - 781019
3:RASHTRIYA MADHYAMIK SHIKSHA ABHIJAN (RMSA ASSAM
REPRESENTED BY ITS MISSION DIRECTOR KAHILIPARA
GUWAHATI781019.
4:TET EMPOWERED COMMITTEE FOR SECONDARY EDUCATION ASSAM
REPRESENTED BY ITS MEMBER SECRETARY KAHILIPARA
GUWAHATI781019
5:THE DISTRICT APPROVAL COMMITTEE OF MORIGAON DISTRICT FOR
RECOMMENDATION OF PANEL OF CANDIDATES FOR THE POST
GRADUATE TEACHERS REPRESENTED BY ITS MEMBER SECRETARY
(INSPECTOR OF SCHOOLS OF MORIGAON DISTRICT) MORIGAON
ASSAM - 782105.
6:INSPECTOR OF SCHOOLS, MDC, MORIGAON ASSAM- 782105
7:THE SELECTION COMMITTEE FOR SELECTION OF POST GRADUATE
TEACHERS OF CENTRAL DHARAMTUL M BORA HS SC REPRESENTED BY
ITS MEMBER SECRETARY (PRINCIPAL OF CENTRAL DHARAMTUL
M.BORA H.S. SCHOOL) POST OFFICE- AHATGURI DISTRICT- MORIGAON
ASSAM782412
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8:PRINCIPAL CENTRAL DHARAMTUL M BORA HS SCHOOL
POST OFFICE - AHATGURI DISTRICT- MORIGAON ASSAM- 782412.
9:RASHMI BORAH
ASSISTANT TEACHER (REGULAR
CHANGCHAKI HS GARUBAT NAGAON ASSAM782426.
10:RATAN BARMAN
ASSISTANT TEACHER (REGULAR) CHILARAI ACADEMY ME SCHOOL
DHUBRI WARD NO. 15 GAURIPUR ASSAM- 78332
For the Appellant(s) : Mr. D. Das, Sr. Advocate, assisted by Mr. R. Sarma, Mr. K. Mohammed
and Mr. Y. Khound, Advocates.
For the Respondent(s) : Mr. N.J. Khataniar, Standing Counsel, Education (Secondary)
Department.
-B E F O R E -
HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR
HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
03.09.2025
(Ashutosh Kumar, CJ)
Heard Mr. D. Das, learned Senior Advocate for the appellant, who has
questioned the judgment rendered by the learned Single Judge dated
08.05.2025 passed in WP(C) No.142/2019, whereby the claim of the appellant
to be appointed on the post of Post-Graduate Teacher in the stream of
Geography which was advertised, was rejected on the sole ground that the
appellant had appeared against an Unreserved vacancy while she herself was
from a Reserved Category and had obtained Teacher Eligibility Test (TET)
Certification on a relaxed percentage.
The learned Senior Advocate for the appellant has submitted that in
view of the judgment of the Supreme Court in Vikas Sankhala & Ors. -Vs-
Vikas Kumar Agarwal & Ors. :: (2017) 1 SCC 350, the issue has been
decided.
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A reserved category applicant could always apply for a post earmarked
for Unreserved Category as an Unreserved Category post is an open post where
anybody could compete with another. The other proposition laid down was that
even if in the TET, the marks were relaxed making the applicant eligible to
appear in the recruitment process, she/he could have a level playing field as the
marks obtained in the TET would be given weightage.
In the case at hand, 100% weightage has been given for marks
obtained in TET.
The contention of the appellant is that though she had lesser marks in
TET than the respondent No.9, who ultimately was selected and who had
obtained 62.5 marks in the TET, he would not have been put in any
disadvantageous position as 100% weightage on the TET marks had already
been given.
Incidentally, the respondent No.9 also hails from the Reserved
Category.
The learned Single Judge, Mr. Das argues, has relied on a judgment of
the Supreme Court in Government (Nct of Delhi) & Ors. -Vs- Pradeep
Kumar & Ors. :: 2019 10 SCCC 120, wherein the issue was different. The
post in question in that case was reserved for OBC candidate and the applicant
therein was not a candidate of OBC Category. Thus, in that case, despite the
candidate having cleared the TET Examination with relaxed marks, was not held
to be eligible to apply for such reserved post for OBC candidate.
Issue notice of motion.
Mr. N.J. Khataniar, learned Standing Counsel, Education (Secondary)
Department accepts notice on behalf of the respondents Nos.1, 2, 4, 5 & 6.
Let notice be issued to respondent No.9 by both modes, i.e. by
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registered post with A/D as well as by usual process, on steps being taken by
the appellant within a period of 1(one) weeks, returnable on 16.10.2025.
Mr. Khataniar may also put in his response by the next date.
It is made clear that the Interlocutory Application shall be considered
along with the main appeal on the next date.
JUDGE CHIEF JUSTICE
Comparing Assistant
