The Gujarat High Court on Thursday directed state authorities to allow approximately 750 candidates who narrowly failed the latest Teacher Eligibility Test (TET) by a small margin to participate in the ongoing recruitment process for 11,000 primary teacher posts. The court imposed certain conditions and required an undertaking from the candidates.
Court Order and Conditions
Justice Nirzar Desai ordered the Director of Primary Education to permit the petitioners to submit application forms in physical mode, as the online deadline of April 24 had passed. The court noted that the recruitment drive is substantial, involving 11,000 vacancies, and that denying the petitioners a chance to apply would deprive them of the opportunity even if they ultimately succeed in their petitions.
Petitioners' Grievances
Seven petitions were filed by different groups of candidates who missed the qualifying cut-off by a small margin, often by just two marks. They raised multiple grievances regarding the conduct of the TET in 2025, including printing mistakes, discrepancies between English, Gujarati, and Hindi versions of question papers, and disputes over certain answer keys. One group also challenged government resolutions, arguing that they had cleared TET before 2021 but were affected by the five-year validity rule after failing in 2025.
State Government's Opposition
The state government opposed the petitions, submitting that grace marks had already been awarded to all candidates after considering their grievances. It argued that allowing non-qualified candidates to participate would be unfair to those who qualified, encourage similar litigation, and create uncertainty for all qualified candidates.
High Court's Reasoning
After hearing arguments, the court weighed the scale of the recruitment—11,000 primary teacher vacancies—against the number of petitioners, about 750. It observed that if the petitioners were excluded, they would be deprived of participating in such a large recruitment drive even if they ultimately succeeded in their petitions. The court stated, “In case if a recruitment drive whereby around 11,000 posts of primary teachers are sought to be filled up, the petitioners would be deprived participating in such a big recruitment drive even if they succeed ultimately in the respective petitions and in that case, they will not be in a position to taste the fruits of success in the present group of petitions.”
Undertaking Required
The high court ordered authorities to allow these candidates to participate in the recruitment process, provided they submit an undertaking to the Director of Primary Education. This undertaking must clarify that participation establishes no legal right or equity, and no appointment can be claimed unless the candidates succeed in their petitions and satisfy all final criteria.
