Well, this only tests that RequestContextController methods are no-op if the controller did not activate the context and the context was already active. And it's using Servlet API which has a kind of special relation to CDI (scopes etc.). I agree that this should be tested within the EE TCK. However, I do think this should be tested either in the TCK of the "target" technology (e.g. JAX-RS) or the umbrella/integration test suite. A very similar situation is dependency injection and interception support - CDI TCK cannot test every component type which is defined in EE umbrella or any other spec.

Also note that new tests can only be added to the next minor/major version of TCK, i.e. most probably the target would be CDI 2.1.