Disadvantage in eligibility test cannot be considered as discrimination: MHC

CHENNAI: The relative disadvantage in an eligibility test cannot be elevated to the status of discrimination, opined the Madras High Court (MHC), and refused to normalize the marks secured by the candidates in the Teacher Eligibility Test (TET).

A group of candidates moved the MHC seeking to direct the State to adopt a normalisation process for the marks secured by them in the TET paper - II conducted between February 03, 2023 - February 15, 2023, to ensure equality of opportunity.

The case was listed before the first division bench comprising Chief Justice SV Gangapurwala and Justice D Bharatha Chakravarthy.

According to the petitioner, the test was conducted by the Teachers Recruitment Board (TRB), totaling 23 sessions.

However, the TRB has set different question papers for different sessions and as such, the difficulty level for each session was different and varied. In view of that, they failed the test claimed the petitioner, and sought to have followed the normalization process, to derive rational and standardized results.

Senior counsel Nalini Chidambaram appeared for the petitioners and contended that the notification issued in 2021 for the TET exam conducted earlier contained a method of normalisation. It is mandatory to carry out a similar normalisation process in the present examination also, said the counsel.

Government pleader (GP) P Muthukumar appeared for the State and submitted the marks secured by the petitioner and argued that the petitioners have secured less than 60 percent of the total marks, hence they cannot be declared as qualified. The notification issued for this exam does not contain the normalization process, the petitioners were very much aware of that. The rules cannot be changed after the process is over, submitted the GP.

If any relative unfairness followed in any eligibility test, claimed by the candidates, cannot be considered as same as of the competitive test, observed the bench. "TET is a screening test to ensure a minimum standard, hence, the relative disadvantage in an eligibility test cannot be elevated to the status of discrimination so as to claim violation of Article 14 or Article 16 of the Constitution of India", observed the bench and dismissed the petition.