A division bench of the high court on Friday set aside an October 2023 order by Justice Abhjit Gangopadhyay that directed the state primary education board to treat a candidate who had failed to clear the teachers’ eligibility test (TET) in the general category as an OBC candidate.

Justice Gangopadhyay had declared the candidate as having passed the test because her score was sufficient for reserved category candidates.

The judge resigned a few months later and won in the Lok Sabha elections as a BJP candidate.

The board moved the division bench of Justice Harish Tandon and Justice Prasenjit Biswas contending that the candidate had applied to write the test, held on December 11, 2022, as a general category candidate.

The board submitted that the petitioner got a copy of the certificate that identified her as an OBC candidate in November 2023, long after the test was held. Hence, the examinee could not be treated as an OBC candidate.

TET is held to shortlist candidates for teaching jobs in government-aided primary schools.

The division bench said in its order on Friday: “The petitioner has not filed the category of certificate before the cut-off date, which means that she had not claimed reservation.... Production of certificate by the writ petitioner at the later stage could not make her entitled to seek reservation. Therefore, on the said date she could
not be considered eligible to apply under the OBC-B category, especially when the advertisement notice issued by the appellant/board stipulated that the last date for receipt of applications shall for all purpose be the cut-off date for determining the
eligibility.”

The order said the single bench “is not correct” in holding that the petitioner can be considered an OBC-B candidate and she should be declared as passed.

“Therefore, there is illegality and material irregularity in the impugned order dated 09.10.2023 passed by the learned Single Bench…and as such it is liable to be
set aside.”

The president of the board, Gautam Paul, said: “We do not know how Justice Abhijit Gangopadhyay considered the petitioner’s prayer. We are happy with the order of the division bench.”