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Relaxation in TET Doesn’t Bar Reserved Candidates from Open Category Selection Based on Merit: Supreme Court 

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The Supreme Court has held that candidates belonging to reserved categories who avail relaxation in qualifying examinations like the Teacher Eligibility Test (TET) are still entitled to compete for and be selected under the open (general) category, provided they secure higher merit in the main selection examination.

The bench of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe has clarified that relaxation in qualifying exams such as TET only enables candidates to enter the “zone of consideration.” It does not dilute merit, which is determined solely based on performance in the main examination (TAIT in this case).

The dispute arose from the recruitment process for teachers in Maharashtra through the Teachers Aptitude and Intelligence Test (TAIT) 2022. The appellants, who belonged to reserved categories, had secured marks higher than several candidates selected under the general category. However, they were excluded from the open category list because they had earlier availed relaxation in qualifying marks in the TET.

Aggrieved by their exclusion, the candidates approached the Bombay High Court, which upheld the State’s decision, ruling that candidates who benefit from relaxed eligibility criteria cannot later claim selection in the general category. 

The central question before the Supreme Court was can a reserved category candidate who avails relaxation in a qualifying exam (like TET) still be considered for selection in the open category based on superior merit in the main exam?

The Court reiterated that the open category is not reserved for general candidates but is open to all candidates purely on merit, irrespective of category. 

It rejected the argument that allowing such migration would grant “double benefit” to reserved category candidates, noting that no advantage was given in the main examination.

The Court emphasized that migration depends on recruitment rules. In this case, since there was no express prohibition against such migration, it was held permissible. 

The Court distinguished its earlier ruling in Government of NCT of Delhi v. Pradeep Kumar, where migration was denied because candidates did not meet the essential eligibility criteria.

In contrast, here relaxation in TET marks was explicitly permitted by policy, and all candidates competed equally in the main exam without any relaxation. 

The Supreme Court set aside the Bombay High Court judgment, allowed the appeals, and directed authorities to include eligible reserved category candidates in the general merit list if they scored higher than the last selected general category candidate. 

Case Details

Case Title: Chaya & Ors. Etc.  Versus The State Of Maharashtra & Anr. Etc. 

Citation: JURISHOUR-262-SC-2026 

Case No.: SLP (C) Nos. 14517 – 14539 OF 2025

Date: 23/03/2026

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Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at Juris Hour. She has 7+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started her career as a freelance tax reporter in the leading online legal news companies.

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