CHAYA v. THE STATE OF MAHARASHTRA
Reservation Policy - Meritorious Reserved Category Candidates Availing Preliminary Eligibility Relaxations Entitled to Migrate to Open Category in Absence of Express Statutory Bar.
Court: Supreme Court of India
Citation: 2026 INSC 277
Decision Date: 23-03-2026
List of Laws
The Right of Children to Free and Compulsory Education Act, 2009; Constitution of India, Articles 14, 15, and 16; National Council for Teacher Education (NCTE) Guidelines; Maharashtra Private Schools (Conditions of Service) Rules, 1981; Service Law - Reservation and Migration (Vertical Reservation)
- Facts: The appellants, belonging to reserved categories (SC, ST, OBC, etc.), participated in the Teachers Aptitude and Intelligence Test (TAIT) 2022 for recruitment in various schools across Maharashtra. To be eligible for TAIT, candidates were required to pass the Teachers Eligibility Test (TET). While the general qualifying mark for TET was 60%, the State Government, per NCTE guidelines, granted a 5% relaxation (qualifying at 55%) to reserved category candidates. Several appellants availed of this relaxation to qualify for TET and subsequently appeared for TAIT. Despite securing higher marks in TAIT than the last selected candidate in the open/unreserved category, they were excluded from the open category merit list and restricted to their respective reserved categories based on a government communication dated 25.02.2024.
- Procedural Posture: The appellants challenged the merit list and their exclusion from the open category before the High Court of Judicature at Bombay, Bench at Aurangabad. The High Court dismissed the writ petitions, holding that availing relaxation in TET disqualified them from migrating to the open category. Aggrieved, the appellants approached the Supreme Court via Special Leave Petitions.
- Issue: Whether candidates belonging to reserved categories, who have availed of relaxation in qualifying marks in a preliminary eligibility examination (TET), are entitled to migrate to the open/unreserved category if they secure higher merit in the main selection examination (TAIT).
- Holding: Yes, the Supreme Court held that such candidates are entitled to migrate to the open category in the absence of an express statutory prohibition.
- Reasoning: The Court reasoned that TET is merely an "essential eligibility condition" and not a part of the main selection process where inter se merit is determined. Relaxation in eligibility criteria like age, fee, or qualifying marks in a preliminary test merely enables entry into the "zone of consideration" and creates a "level playing field". Since the final merit list for appointment was based solely on TAIT marks, and no relaxation was granted in TAIT itself, the candidates were evaluated at par with general category students. Relying on "Jitendra Kumar Singh v. State of U.P." and "Vikas Sankhala v. Vikas Kumar Agarwal", the Court distinguished "Government of NCT of Delhi v. Pradeep Kumar", noting that the latter applied only where a candidate failed to meet the essential eligibility criteria of the recruiting state. The Court concluded that unless recruitment rules expressly prohibit migration, meritorious reserved category candidates cannot be barred from the open category.
🔒 For Members Only