Smt Paramita Ghosh vs The State of Tripura and 4 others
- Court
- Tripura High Court
TRHC010008102026
2026:THC:1237
HIGH COURT OF TRIPURA
AGARTALA
W.P.(C)No.331 of 2026
Smt. Paramita Ghosh,
D/O: Sri Indrajit Ghosh, R/O: Dalugaon
P.O: Dalugaon, P.S.: Kailashahar,
Dist: Unokoti, Pin:799280,
Aged about: 25 years.
……The Petitioner(s)
Versus
1.The State of Tripura
Represented by its Special Secretary,
School Education Department, Govt. of Tripura,
New Secretariat Building, P.O- Secretariat,
P.S- New Capital Complex, Dist- West Tripura,
PIN-799010.
2.The Director of Elementary Education,
Directorate of Elementary Education, Govt. of Tripura,
Siksha Bhavan, Office lane,
P.O- Agartala, P.S- West Agartala,
Dist- West Tripura, PIN- 799001.
3.The Teachers Recruitment Board, Tripura (TRBT),
Represented by its Member Secretary,
Siksha Bhawan, Office Lane,
P.O- Agartala P.S- West Agartala,
Dist- West Tripura, PIN-799001.
4.The Member Secretary,
Teacher's Recruitment Board, Tripura (TRBT),
Siksha Bhavan, Office Lane,
P.O-Agartala, P.S-West Agartala,
Dist.-West Tripura, pin-799001.
5.The Controller of Examinations,
Teacher's Recruitment Board, Tripura (TRBT),
Siksha Bhavan, Office lane,
P.O- Agartala P.S- West Agartala,
Dist- West Tripura, PIN- 799001.
……The Respondent(s)
For Petitioner(s) : Mr. Arijit Bhaumik, Adv,
Ms. Ishpa Chakma, Adv,
Ms. Priyanka Chakraborty, Adv.
Page 2 of 14
For Respondent(s) : Mr. Pradyumna Gautam, Sr. G.A.
Date of Hearing : 27.08.2026
Date of delivery of
Judgment and Order : 07.09.2026
Whether fit for
Reporting : NO
HON’BLE MR. JUSTICE BISWAJIT PALIT
Judgment & Order
This writ petition is filed by the petitioner seeking the
following reliefs:
“(i) Issue Notice upon the Respondents.
(ii) Call for the relevant records,
(iii) Issue Rule calling upon the Respondents to
show cause as to why Teachers Eligibility Test
(TET) Certificate shall not beissued in favour of
the Petitioner having successfully passed T-TET
2024 Examination as per guidelines issued by
National Council for Teachers Education dated
th
11 February, 2011.
AND
Issue Rule calling upon the Respondents to
show cause as to why Note d of Clause 1(B) of
the Prospectus cum instructions of T-TET-2024
dated Nil issued by the Teachers Recruitment
Board, Tripura whereby it has been provided
that candidates appearing in T-TET 2024
Examination who are pursuing Bachelor Degree
In Education (B.Ed)/Diploma in Elementary
Education (D.El.Ed) will have to produce their
final pass mark-sheet during scrutiny of mark-
sheets/certificates/documents, etc or else
their candidature will be cancelled shall not be
set aside and quashed by this Hon'ble Court.
AND
Issue Rule calling upon Respondents to show
cause as to why the stipulation in the notice
dated 26.06.2025 whereby it has been
provided that candidates appearing in T-TET
2024: Paper I and Paper-II as 'appearing
candidates' will have to produce the final year
pass mark sheet of B.Ed/ D.El.Ed during
scrutiny of mark-sheets/certificates, etc failing
which their candidature will be cancelled shall
not be set aside and quashed by this Hon'ble
Court.
Page 3 of 14
AND
Issue rule calling upon the Respondents to
show cause as to why the List of Qualified
Candidates for TET Certificate issued by TRBT
dated 13.12.2025 shall not interfered with so
far as it does not include the name of the
Petitioner.
iv. And after hearing the parties, be pleased to
make the rule absolute.
AND/OR
Pass any other order/orders as deemed fit and
proper.
AND
For this act of kindness your humble Petitioner
as in duty bound shall ever remain grateful
02. Heard Learned Counsel, Mr. A. Bhaumik appearing on
behalf of the petitioner and also heard Learned Senior G.A., Mr.
P. Gautam appearing on behalf of the State-respondents.
03. At the time of hearing, Learned Counsel for the
petitioner submitted that the petitioner completed her
Madhyamik Examination from Tripura Board of Secondary
Education in the year 2017 and thereafter, completed her
H.S.(+2) Examination in the year 2019. After that the petitioner
enrolled herself for D.El.Ed programmed for the session 2023-25
under West Bengal Board of Primary Education and she
completed her Part-I and Part-II Examination of D.El.Ed course
in the month of August, 2024 and August, 2025 and she was
further waiting for the final result of the Part-II examination of
D.El.Ed course.
Learned Counsel further submitted that the National
Council for Teacher Education issued guidelines on 11.02.2011
Page 4 of 14
for conducting Teachers Eligibility Test (TET) under Right of
Children to Free and Compulsory Education Act (RTE), 2009.
Clause 5 of the said guidelines laid down the eligibility for
appearing on Teachers Eligibility Test. In Clause-5(i) it was
provided that a person who has acquired the academic and
professional qualifications (Teacher Education Courses) can
appear for TET examination. Clause-5(ii) further provides that
persons who are pursuing any of the Teacher Education Courses
(professional course) recognized by NCTE or RCI as specified in
rd
the Notification dated 23 August, 2010 are also eligible to
appear in the Teachers Eligibility Test. So, as per Clause 5 two
categories of candidates are eligible for appearing in TET
Examination. First of all, who have acquired the academic and
professional qualification (Teachers Education Course) and
secondly, those who are “pursuing” the Teachers Education
Course are also eligible to appear. Learned Counsel further
submitted that Clause 9 of the said guidelines provides that a
person who scores 60% or more in the TET Examination is
considered as TET passed. Further, Clause- 14 provides that the
appropriate Government conducting Teachers Eligibility Test
shall award TET Certificate to all successful candidates. The
petitioner relied upon the guidelines of NCTE as Annexure-5. It
was further directed that as per guideline a person who secures
more than 60% in the Teachers Eligibility Test conducting the
test has to mandatorily award TET Certificate to all successful
candidates relaxing 5% for SC/ST candidates.
Page 5 of 14
It was further submitted that NCTE also issued
another notification dated 23.08.2010 whereby NCTE laid down
the minimum qualification for appointment as Teachers in class
I-V and classes VI-VIII. As per the said notification the
minimum academic qualification required for appointment as
teacher for class I-V is Senior Secondary or its equivalent that
apart the candidates will have to passed Teacher Education
Course (professional course) and further the candidates will
have to pass Teacher Eligibility Test conducted by the
appropriate Government (Annexure-6). According to Learned
Counsel, the petitioner is H.S. (+2) pass and has the minimum
qualification required for appointment as teacher for class I-V.
Furthermore, the petitioner is also pursuing the professional
course i.e. D.El.Ed which is recognized by the NCTE as per the
notification dated 23.08.2010. Further, as per the guidelines
issued by NCTE dated 11.02.2011 a person who is “pursuing”
Teacher Education Courses (Professional Qualification) is also
eligible to appear in Teachers Eligibility Test.
The respondent No.3 issued Prospectus-cum-
Instructions for T-TET 2024, Paper-I and Paper-II. As per the
said Prospectus-cum-Instructions submission of online
application commended from 24.01.2025 and the same was
allowed upto 28.02.2025. The petitioner applied against the said
Prospectus-cum-Instructions for Teachers Eligibility Test and the
petitioner was called upon to appear for Paper-I of Teachers
Page 6 of 14
Eligibility Test on 04.05.2025 and the petitioner accordingly
appeared. The petitioner in the TET examination secured 102
marks above the qualifying marks. So, as per NCTE guidelines,
the petitioner is treated to have successfully passed the TET
examination.
Learned Counsel thereafter submitted that as per
Note-d of Clause 1(B) of the Prospectus-cum-Instructions for T-
TET 2024 dated Nil issued by the respondent No.3 it was
provided that the candidates who are pursuing B.Ed/D.El.Ed
courses are allowed to appear in the T-TET 2024 but such
candidates will have to produce their B.Ed/D.El.Ed pass mark
sheet at the time of scrutiny of documents failing which their
candidature will be cancelled. The petitioner after being
successful in Teachers Eligibility Test approached the
respondents regarding issuance of TET certificate in favour of
the petitioner but the respondents did not give any clear or
cogent answer regarding issuance of TET certificate in favour of
the petitioner. In this regard, the petitioner relied upon a
judgment of the Hon’ble Supreme Court of India in Omkar
Singh & Ors. vs. State of Uttar Pradesh & Ors reported in
(2021) 14 SCC 486 and the memorandum of NCTE dated
04.08.2022.
Learned Counsel thereafter submitted that the
respondent No.3 vide notice dated 26.06.2025 has issued
schedule for scrutiny of mark sheets and in the said notice it
Page 7 of 14
was also mentioned that the candidates who appeared in T-TET
2024 and obtained pass marks have to produce their final mark
sheets for B.Ed/D/El/Ed examination failing which their
candidature will be cancelled.
According to Learned Counsel, the same clause of the
notice appears to be arbitrary and illegal in view of the
judgment of the Hon’ble Supreme Court and also the same
violates Article 14 of the Constitution of India. Learned Counsel
further submitted that the similar issue has been decided by this
Court in a judgment dated 12.12.2025 in W.P.(C) No.379 of
2025 and challenging that judgment an appeal was preferred
vide W.A. No.06 of 2026 but Learned Division Bench by the said
judgment directed the respondents-TRBT to pass a speaking
order on the representation. The respondent No.3 issued the
final list of candidates who were entitled to be awarded the TET
certificate on 13.12.2025 but the name of the petitioner did not
figure in the said list.
Learned Counsel for the petitioner in course of
hearing further submitted that by this time the result of the final
examination of the petitioner has been published by the
authority and mark sheet has been issued. As such there will be
no bar for the respondent-TRBT authority to issue TET certificate
in favour of the petitioner although she completed the process
in-accordance-with the guidelines of NCTE. Hence, the petitioner
filed the writ petition seeking the reliefs as stated above.
Page 8 of 14
04. The State-respondents have contested the writ
petition by filing counter-affidavit wherein in para Nos.7 to 10
the following assertions have been made:
“7. That, the averments made by the petitioner
in para no. 19 to 20 of this writ petition, the
answering respondent submits that. It is a fact
that the Teacher's Eligibility Test is a acquiring
eligibility for appointment as teacher. It is an
eligibility qualifying exam for test which the
candidate has to acquire before participating in
any recruitment process for appointment of
teachers for classes I-V and VI-VIII and after
accepting all terms and conditions as laid down
in the Prospectus Cum Instructions of the T-
TET 2024, candidates cannot debar from
fulfilment of the terms and conditions of the
TET examination.
In fact, in earlier many instances too, the
candidates who failed to submit original final
year pass mark-sheet during scrutiny of mark-
sheets/ certificates/documents, their
candidature was cancelled without further
notification.
However, in a similarly situated case, a
writ petition was registered as W.P(C) No.379
of 2025 and in the said writ petition Hon'ble
High Court directed the candidates to submit
final mark sheet within a fixed time frame. i.e.
a time frame was fixed for submission of the
documents. An unlimited time line cannot be
permitted which is not mandated in the
guidelines of TRBT.
8. That, the averments made by the petitioner
in para no. 21 of this writ petition, the
answering respondent submits that, It is a fact
that, a writ petition was registered as W.P(C)
No.379 of 2025 and in the said writ petition
Hon'ble High Court directed the candidates to
submit final mark sheet within a period of 2
months but only one candidate could submit
final mark sheet and rest others failed to
submit.
However, from the judgement and order of
Hon'ble High Court dataed12.12.2025, it can be
stated that even Hon'ble High Court directed
the candidates to submit final mark sheet
within a fixed time frame. i.e. a time frame was
fixed for submission of the documents.
9. That, the averments made by the petitioner
in para no. 22 of this writ petition, the
answering respondent submits that, The
schedule for scrutiny of documents/
certificates for TET-2024 was w.e.f.
15/07/2025 to 24/07/2025 and within this
time frame the petitioner failed to produce and
Page 9 of 14
submit final mark sheet of professional
qualification and hence TET certificate was not
issued to her.
10. That, the averments made by the petitioner
in para no. 23 of this writ petition, the
answering respondent submits that, In
contention to para no-23 it is to stated here
that all candidates of T-TET 2024 appeared in
the said test by accepting all the terms and
conditions mentioned in the Prospectus cum
Instructions of Tripura Teachers' Eligibility Test
(T-TET) 2024: Paper-I and Paper-II. So, any
candidate cannot deny any of the terms and
conditions after the completion of the test.
However, Learned Senior G.A. appearing on behalf of
the State-respondents submitted that the stand of the
respondents have been mentioned in the counter-affidavit in the
aforesaid paras and urged for passing appropriate order in the
light of contentions made by the respondents in their counter-
affidavit.”
06. Heard both the sides at length. Perused the writ
petition and the connected documents as well as the counter-
affidavits filed by the respondents. At the time of hearing,
Learned Counsel for the petitioner relied upon a judgment
passed by this Court on 10.07.2026 in W.P.(C) No.23 of 2026.
Referring the same Learned Counsel submitted that in the light
of said judgment, this case also can be disposed of.
Admittedly, the petitioner secured 102 marks in the
Teachers Eligibility Test, Paper-I. The NCTE notification dated
11.02.2021 in respect of eligibility for TET the following
guidelines have been issued:
Eligibility
5. The following persons shall be eligible for
appearing in the TET:
Page 10 of 14
i. A person who has acquired the academic and
professional qualification specified in the NCTE
rd
Notification dated 23 August 2010.
ii. A person who is pursuing any of the teacher
education courses (recognized by the NCTE or
the RCI, as the case may be) specified in the
rd
NCTE Notification dated 23 August 2010.
iii. The eligibility condition for appearing in TET
may be relaxed in respect of a State/UR which
has been granted relaxation under sub-section
(2) of section 23 of the RTE Act. The relaxation
will be specified in the Notification issued by
the Central Government under that sub-
section.
Hon’ble the Supreme Court of India in a judgment in
Omkar Singh & Ors. vs. State of Uttar Pradesh & Ors
reported in (2021) 14 SCC 486 in para Nos.7.1 to 7.8 and 8
observed as under:
7.1. The issue involved in the present appeals
is the meaning and interpretation of the word
"pursuing" as appearing in Clause 5(ii) of the
NCTE Guidelines. The question for
consideration is the eligibility criteria appear in
TET examination. It is apparent from the
reading of the guidelines framed by NCTE, Para
5 that the incumbents who have acquired the
quantication academic as well as professional
can apply for TET examination. The second
category of candidates who can apply for TET
examination is those who are "pursuing" any
teacher training course ("TTC"). The meaning
of "pursuing" is a person who is undergoing
any of the teacher training course1C"). He/she
must have been admifted and pursuing the
teacher training course which as prescribed as
a qualification. Declaration of the result,
appearing in the examination or date of filling
up of the forms, etc, cannot be the criteria to
appear in TET examination. Therefore, a
candidate who is undergoing i.e. "pursuing"
the requisite teacher training course ("TTC")
shall be eligible to appear in TET examination.
7.2. The learned Single Judge of the High Court
held and concluded that: (Prabhat Kumar
Verma case, SCC OnLine All para 4)
"4. 'only those persons, who are in the
final year of their teacher training course
("TTC"), alone would be entitled to appear in
TET examination.' "
The Division Bench of the High Court has gone
further and has observed that only such
candidates, whose teacher training course
result has not been declared by the last date
specified for filling up the online form for TET
examination can be said to be "pursuing" the
teacher training course as mentioned in clause
5(ii) of the NCTE Guidelines and could appear
Page 11 of 14
in TET examination. Therefore, according to the
Division Bench of the High Court, as on the last
date specified for filling up the online form for
TET examination, the candidates must have
appeared in the examination (of TTC) and the
result has not been declared. These riders are
not proper given the cleaf language used in
clause 5(ii) of the NCTĘ Guidelines. The
Division Bench of the High Court has read into
and/or added something more than what is
provided in clause 5(ii) of the NCTE Guidelines.
The language used in clause 5(if) of the NCTE
Guidelines is simple, clear and unambiguous.
As per the cardinal principle of the rule of
interpretation, while construing a particular
provision, the particular provision is required
to be read as it is and nothing is to be added or
taken away.
7.3. Looking to the clear wordings in clause
5(ii) of the NCTE Guidelines and the phrase
used is "pursuing", the High Court is not
justified in adding the additional riders, such
as, that to become eligible for appearing in TET
examination, a candidate must have appeared
in the TTC examination and the result have not
been declared by the last date specified for
filling up the online form for TET examination.
As per the dictionary meaning, the c word
"pursuing" means undergoing and/or
proceeding further. Therefore, a candidate who
has been admitted in any of the TTC and
undergoing the teacher training course ("TTC")
can be said to be "pursuing" such teacher
training course and shall be eligible to appear
in TET examination, irrespective of the fact that
whether, by the last date specified for filling up
the online form for TET examination, he has, in
fact, appeared in the examination of the
teacher d training course concerned and the
result is awaited. "Pursuing" the requisite
teacher training course is sufficient to make
such a candidate eligible to appear in TET
examination. Therefore, on a fair reading of
clause 5(ii) of the NCTE Guidelines, person who
has been admitted in TTC and is pursuing,
he/she can appear in TET examination. In the
present case, admittedly, on the cut-off-date,
all the candidates were pursuing the teacher
training course co..cerned. Thereafter, all of
them have cleared TET examination as well as
have cleared the teacher training course
concerned. At the time when they were
appointed as Assistant Teachers, all of them
fulfilled the eligibility criteria for appointment
as Assistant Teachers. All of them have passed
TET examination and have also passed the TTC
as per the requisite eligibility criteria. Thus, in
our view, ousting certain incumbents by the
High Court cannot be sustained since they were
pursuing TTC and they were clearly eligible to
appear in TET examination and have passed it
while pursuing the requisite professional
qualification for being eligible to be appointed
as Assistant Teachers.
Page 12 of 14
7.4. It is not permissible to add riders as done
by the High Court. The phrase "pursuing" is to
be given literal meaning. The expression "rule
of literal construction" lays down that words of
a statute are first understood in their g natural,
ordinary or popular sense and phrases, and
sentences are construed according to their
grammatical meaning. The learned author G.P.
Singh in Principles of Statutory Interpretation
(14th Edn.) at p. 91, has observed:
"... Natural and grammatical meaning. The
words of a statute are first understood in their
natural, ordinary or popular sense and phrases
and sentences are construed according to their
grammatical meaning, unless that leads to
some absurdity or unless there is something in
the context, or in the object of the statute to
suggest the contrary. "The true way",
according to Lord Brougham [Crawford v.
Spooner: 1846 SCC OnLine PC 7] is,
‘to take the words as the legislature
have given them, and to take the meaning
which the words given naturally imply, unless
where the construction of those words is,
either by the Preamble or by the context of the
words in question, controlled or altered:
[Crawford case (supra)]
and in the words of Viscount Haldane
[Attorney General v. Milne:1914 AC 765 (HL)],
L.C. if the language used "has a natural
meaning we cannot depart from that meaning
unless reading the statute as a whole, the
context directs us to do so. In an oft-quoted
passage, Lord Wensleydale stated [Grey v.
Pearson:(1857) 6 HL Cas 61] the rule thus:
‘… in construing wills and indeed
statutes, and all written instruments, the
grammatical and ordinary sense of the words is
to be adhered to, unless that would lead to
some absurdity, or some repugnance or
inconsistency with the rest of the instrument,
in which case the grammatical and ordinary
sense of the words may be modified, so as to
avoid that absurdity, and inconsistency, but no
further."
Therefore, it is clear that the respective
appellants herein whose appointments were
challenged were eligible to appear in TET
examination at the time they were "pursuing"
the TTC concerned. Thus, we hold that the
decision of the High Court, to the aforesaid
extent, is not sustainable. The impugned
orders1.3 of the High Court are accordingly
modified to the aforesaid extent.
8. Now so far as the submission on behalf of
some of the appellants herein original writ
petitioners with regard to persons who have
passed graduation without Science or
Mathematics as one of the subjects is
concerned, the District Education Officers
Page 13 of 14
concerned are directed to carry out the
exercise to find out such candidates who are
Graduate and have been appointed as Assistant
Teachers without having Science or
Mathematics as one of the subjects, within a
period of three months from today. Let the
exercise be completed duly considering the
second proviso to Section 23 added by the
Right of Children to Free and Compulsory
Education Act, 2017.”
From the aforesaid guideline of NCTE and also the
judgment of the Hon’ble Supreme Court, it is clear that the
persons who are pursuing Teachers Education Courses
recognized by NCTE are eligible for appearing in the TET
examination. In the instant case the petitioner was pursuing
D.El.ED course recognized by the NCTE and accordingly, in the
T-TET 2024 examination issued by respondent No.3 she applied
for the same provisional admit card was issued and she also
secured 102 marks. So, in view of the notification of NCTE as
well as the judgment of the Hon’ble Supreme Courts, she was
very much eligible to appear in the TET examination. Now, here
the main issue is that inspite of appearing in the examination
with relevant documents in the merit list, the respondents-
authority has not published his name. Probably at the time of
documents verification, the petitioner could not produce her
final mark sheet of her D.El/Ed examination. The respondents-
authority save and except formal denial could not place any
other materials on record to deny the case of the petitioner.
In the aforesaid judgment of this Court in Anjan Das,
this Court directed the respondents-authority to issue TET
certificate in favour of the petitioner on the similarly situated
Page 14 of 14
ground. Learned Senior G.A. simply submitted that each case
will proceed according to its own merit but here in the case at
hand the respondents by their counter could not place any
contrary evidence on record to discard the case of the
petitioner. So, the present petitioner is entitled to get benefit in
this writ petition in the light of the judgment delivered in this
Court as stated supra.
07. In the result, the writ petition filed by the petitioner
is allowed. The respondents-authority is asked to allow the
petitioner to produce his original documents for verification and
thereafter, to issue TET certificate in favour of the petitioner
within a period of three months from the date of passing of this
judgment provided that the petitioner fulfills all the eligible
criteria of T-TET examination.
With this observation this present writ petition stands
disposed of.
Pending application(s), if any, also stands disposed
of.
JUDGE
PURNITA DEB
Purnita
Digitally signed by PURNITA DEB
Date: 2026.09.09 14:53:07 +05'30'