Tuesday, March 27, 2012

Supreme Court Judgement : Writ against Teacher Eligibility Test (TET) is Dismissed And Weightge of Experience is Quashed, Petition Dismissed

Supreme Court Judgement : Writ against Teacher Eligibility Test (TET) is Dismissed And Weightge of Experience is Quashed, Petition Dismissed

Teacher Eligibility Test is Compulsory as per advertised for employment, And Guest Teacher Experience weightage quashed ( A decision of Highcourt Punjab & Haryana Maintained )

Due to the FACT - Guest faculty experience is obtained in contractual service and weightage of experience give in corrigendum after 15 days of original advertisement and it looks -
Indirect methodology to make permanent Guest Teachers.
See case details and any better explanation welcom through comment and can be incorporate in blogpost.

1
ITEM NO.55 COURT NO.6 SECTION IVB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).29755/2010
(From the judgement and order dated 06/04/2010 in CWP
No.13045/2009 of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)
MAHENDER KUMAR & ORS. Petitioner(s)
VERSUS
STATE OF HARYANA & ORS. Respondent(s)
(With prayer for interim relief and office report)
WITH SLP(C) NO. 24882 of 2010
(With appln.(s) for intervention and permission to file rejoinder
affidavit and with prayer for interim relief and office report)
with
I.A.No.1162 (Appln.for intervention)
SLP(C) NO. 24884 of 2010
(With appln.(s) for deletion of the name of petitioner and office
report)
SLP(C) NO. 24883 of 2010
(With office report)
SLP(C) NO. 25010 of 2010
(With office report)
Date: 21/02/2012 These Petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE G.S. SINGHVI
HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA
For Petitioner(s) Mr.Shish Pal Laler, Adv.
Mr.N.P.Midha, Adv.
Mr. Balbir Singh Gupta,A.O.R.(Not Present)
For Respondent(s) Mr.P.P.Rao,Sr.Adv.
For RR Nos.1 & 3 Dr. Monika Gusain,Adv.
Mr.Hari Om Yaduvanshi, Adv.
For RR No.4 Mr.D.S.Chauhan, Adv.
Mr.Rajinder Juneja, Adv.
For RR No.2 Mr. John Mathew,Adv.
Mr. Kamal Mohan Gupta,Adv.

UPON hearing counsel the Court made the following
O R D E R
2
The IA No. 38 for deleting the name of petitoner no.
2852, i.e., Chaman S/o Dharamvir in SLP(C) No. 24884 of 2010 is
allowed in terms of the prayer.
These petitions are directed against order dated
06.04.2010 passed by the Division Bench of the Punjab and Haryana
High Court whereby the exemption granted to the Guest Faculty (Lecturers / Teachers) from passing the requirement of School Teachers Eligibility Test (for short, 'STET') for the purpose of regular appointment to Group 'B' posts and the grant of weightage
of 24 marks in lieu of the experience gained by working as Guest
Faculty was quashed.
With a view to ensure that the education of students does not suffer due to non-availability of teachers the Government of Haryana, Department of Education framed policy for recruitment of
Guest Faculty. For this purpose detailed guidelines were issued on 18.9.2006. After one year and two months, the State Government issued instructions vide circular dated 17.11.2007 to all the concerned officers to stop engaging Teachers on the Guest Faculty basis. On 2.12.2008, the Government issued guidelines for temporary adjustment of displaced Guest Teachers by way of stop gap arrangement. By circular dated 2.3.2009, the Government amended
the terms and conditions enshrined in letters dated 29.11.2005, 16.12.2005 and 27.9.2006 for engaging the Teachers on Guest Faculty.

In furtherance of the requisition received from the concerned department, the Haryana Public Service Commission (for 3 short, 'the Commission') issued advertisement no. 3 which was published in newspapers on 18.6.2009 for recruitment of 1317 Temporary Lecturers (School Cadre), HES-II (Group-B) were as under:
"Essential Qualification:
1.Essential Qualifications for the Lecturers of all Subjects except Lecturer in Chemistry, History, Maths and Pol. Science:
(i)Post Graduate Degree in relevant subject from a recognized university alongwith at least 50% marks.
(ii) Certificate of having qualified School Teacher's Eligibility Test.
(iii) Matric with Hindi / Sanskrit."

The relaxation clauses contained in the advertisement did not provide for exemption to any class / category of candidates from passing STET. However, after 15 days of the publication of
advertisement, the Commission issued corrigendum dated 3.7.2009 incorporating therein the decision taken by the State Government to give exemption to the Guest Teachers from passing STET and age relaxation apart from giving additional 6 marks for six months' experience subject to the maximum of 24 marks. The relevant portions of the corrigendum are reproduced below:

"Besides as per the decision of the State Government the guest teachers applying for these posts will be given exemption from passing the School Teachers Eligibility Test (STET) and age relaxation in the upper age limit in additional weightage for having served the department as guest teacher will be given as under:
"No weightage will given to a person who has served for less than six months.
For the six months experience 6% additional marks to be given and one percent additional will be given for every additional month of engagement subject to maximum 24 marks."

Necessary Stipulation:
In case the Hon'ble Punjab and Haryana High Court does not agree to the grant of relaxation to the guest teachers, the same will not be given to them at the time of final selection."
Respondent no. 2, viz., Ashok Kumar challenged the corrigendum in Writ Petition No. 13045 of 2009 mainly on the ground that the so-called policy decision taken by the State Government to exempt the Teachers engaged as Guest Faculty from passing STET and grant of weightage of additional marks is ultra vires the provisions of the Haryana State Educational Lecturer School Cadre (Group 'C') Service Rules, 1998 (for short, 'the Rules') and Articles 14 and 16 of the Constitution because that would amount to indirect regularisation of the services of the Teachers who were engaged as the Guest Faculty.

In the counter filed by the State Government the exemption granted to the Guest Faculty from clearing the STET was justified on the premise that such test had not been conducted in the State for many years. The grant of weightage of additional marks was also defended on the premise that the members of the Guest Faculty had acquired sufficient experience by working as Lecturers / Teachers.

The Division Bench of the High Court referred to the policy framed by the State Government to recruitment to Guest Faculty, the relevant provisions of the Rules, the orders passed in Writ Petition Nos. 2743/2006, 387/2007 and 5289/2007 filed by Teachers appointed as the Guest Faculty and observed:


"31. A reading of orders passed by this Court, as referred to above, makes it very clear that entry of guest faculty teachers was de-hors the regular selection process. It was limited to few candidates. All eligible candidates were not allowed to compete for those posts. The nature of service was contractual. However, despite knowing terms and conditions of their appointment, the guest faculty teachers dragged the State of Haryana into avoidable litigation and on account of their action, even the process of selection of regular teachers was delayed. If at this stage, relaxation in age, exemption from passing STET and weightage upto 24 marks towards experience gained as guest faculty teachers is given to them, it would amount to appointing those very candidates in regular
service, who, in the first instance, entered it through a selection process which was not regular and open to all. Obviously, it would mean a grave discrimination to the other more deserving candidates.

Most of the guest faculty teachers have service of more than two years to their credit, they are sure to get 24 marks at the time of selection and by that process they are bound to exclude others who are more meritorious from entering in service. The grant of 24 marks in the marks obtained
by all the candidates, including the guest faculty teachers, as per criteria, in a fiercely competitive
field with thousands of applicants would virtually rule out non guest faculty candidates. This virtually
amounts to regularization of guest faculty teachers in service, which was deprecated and proscribed by the Hon'ble Supreme Court in Uma Devi's case (supra), wherein it was held that persons, who got employment without following a regular procedure and at times enter through backdoor are not entitled to get permanence in service."

We have heard Shri Shish Pal Laler, learned counsel appearing for the petitioners, Shri P.P.Rao, learned senior counsel appearing for the State, learned counsel for the Commission and learned counsel for respondent no. 4 and scrutinised the record.
It is not in dispute that the essential qualifications enumerated in the advertisement issued by the Commission were in 6 consonance with the requirement of the Rules as amended vide Notification dated 24.7.2008. In other words, the certificate of having qualified School Teacher's Eligibility Test was an integral part of the essential qualifications. Rule 17 of the Rules does empower the State Government to relax any of the provisions of the Rules with respect to any class or category of persons but the exercise of power under that rule is hedged with the condition that while granting relaxation, the State Government must record reasons for doing so. Before the High Court, the State Government did not produce any document to show that it had exercised power under Rule
17 and passed a reasoned order for granting exemption to the Teachers engaged as the Guest Faculty from the requirement of having qualified STET. Even before this Court, no such document
has been produced. Therefore, the High Court was right in taking the view that the essential qualification prescribed under the rules could not have been relaxed by issuing a corrigendum in the advertisement issued by the Commission. Shri P.P.Rao, learned senior counsel relied upon the
judgment in K.V.Rajalakshmiah Setty and another vs. State of Mysore and another (1967) 2 SCR 70 to show that one time ad hoc concession given to teachers could be treated as legitimate and the exercise of power by the Government does not result in violation of Article 14 and 16 of the Constitution.
We have carefully gone through the judgment but do not find any proposition of legality that a qualification prescribed under the rules framed under Article 309 of the Constitution can be relaxed simply by issuing a corrigendum in the advertisement issued by the Commission.
Insofar as the grant of weightage of additional marks is
concerned, we are in complete agreement with the High Court that
this was an indirect methodology adopted by the State to ensure
regularisation of the Guest Faculty Teachers who had earlier failed
to convince the High Court to issue a mandamus to the State Government to frame a policy for regularisation of their services.
In the result, the special leave petitions are dismissed. As a sequel to dismissal of the special leave petitions, all other pending I.As. are disposed of as having become infructuous.

(Satish K.Yadav) (Phoolan Wati Arora)
Court Master Court Master

Source : http://courtnic.nic.in/supremecourt/temp/sc%202975510p.txt

11 comments:

A. Kr. Gautam said...

टीईटी मेरिट पर नहीं होगी शिक्षकों की भर्ती
लखनऊ। यूपी में बेसिक शिक्षा परिषद के स्कूलों में शिक्षकों की भर्ती के लिए मायावती सरकार द्वारा किए गए एक और महत्वपूर्ण निर्णय को पलटने की तैयारी है। परिषदीय स्कूलों में शिक्षकों की भर्ती शिक्षक पात्रता परीक्षा (टीईटी) मेरिट के आधार पर न करके शैक्षणिक मेरिट के आधार पर पूर्व की तरह ही किया जाएगा। इसके लिए उत्तर प्रदेश बेसिक शिक्षा अध्यापक सेवा नियमावली को संशोधित किया जाएगा। सचिव बेसिक शिक्षा सुशील कुमार ने मंगलवार को विभागीय अधिकारियों के साथ पहली बैठक में इस संबंध में स्पष्ट निर्देश दे दिए हैं।
राष्ट्रीय अध्यापक शिक्षा परिषद (एनसीटीई) ने शिक्षकों की भर्ती के लिए टीईटी अनिवार्य किया है। एनसीटीई की 23 अगस्त 2010 को जारी अधिसूचना में स्पष्ट कहा गया है कि यह पात्रता परीक्षा होगी। इसे पास करने वाला ही शिक्षक भर्ती प्रक्रिया में शामिल हो सकता है।

Salauddin Saifi_Meerut said...

Dosto........ghabrane ki jarurat nahi hai. agar khuda ne kismat me sarkari naukari likhi hai to jarur milegi........

dr.amit agrahari president tet pass morcha gorakhpur maharajganj 9452061561 uptet@india.com said...

bas b.ed. tet pass walo ki bharti ho chahe jaise bhi ho are bhai agar hamara na hua to kya hua kisika to hoga plz aap log tang na ladaye balki ye mang kare ki jitne bhi tet pass student hai sabko job di jai karan tet ki degree 5 years ke lia hai to jo bhi bharti ho tet pass ki ho aur satra wise tet pass walo ki hi bharti ho

Salauddin Saifi_Meerut said...

Dr. Amit Agrahari, I am satisfied with you..halanki mere 107 OBC ART marks hai...aur mai samajhta hu ki yadi tet base par merit banti hai to mera number jarur kahi na kahi aa jayega.....mai b yahi chahta hu ki ye bharti ho chahe kisi b madhyam se ho.....lekin jo achche Number se tet pass hai unhe wariyata di jani chachiye yani..tet ke Number jarur jode jane chahiye......yani...High Schoo+Inter+BA+B.Ed.+TET.........isme Tet ke number jarur jode jane chahiy warna..jin logo ne achche number se TET pass kiya hai unke sath yah na Insafi hogi.......Thanks to read my msg....&.....Best of Luck to all of You...

Salauddin Saifi_Meerut said...

Do not worry....god will help us.

Salauddin Saifi_Meerut said...

agar academic base par merit banni hai to tet ke no. b judne chahiye....yani..High school+Inter+BA+B.Ed.+TET

(J.J)-SITAPUR said...

Bharti hogi to Only TET Merit se nahi to nahi hogi.

Salauddin Saifi_Meerut said...

Sathiyo hum sabhi 20 march ko Lucknow gaye the jaha par humare sabhi district se tet abhyarthi aaye the..is bar fir 30 march ko hum sabhi ko Lucknow pahuchna hai aur apna paksh manniya mukhya mantri shree Akhilesh Yadav ji ke samne rakhna hai...mai samajhta hu ki wah ek yuwa leader hai or wah hum B.Ed. TET pass berojgaro ke sath anyay nahi hone denge......mai aap sabhi TET Pass sathiyo se request karta hu ki please aap sabhi humare sath 30 march ki subah Lucknow pahuche....ek baat ka ham sab ko dhyan rakhna hai ki ham sab shikshak hai or hum sab ko shikshak ki mariyada me rahkar hi apni baat rakhni hai....hame koi hinsatmak kam nahi karna hai....hame sirf apna paksh unke samne rakhna hai.....thanks

Salauddin Saifi_Meerut said...

लखनऊ। टीईटी पास अभ्यर्थियों का एक प्रतिनिधिमंडल शिव कुमार पाठक और नितिन मेहता के साथ मुख्यमंत्री अखिलेश यादव से उनके आवास पर मिला। मुख्यमंत्री ने उन्हें विस्तृत वार्ता के लिए बाद में बुलाया है। अपने ओएसडी गंगाराम से कहा है कि इन्हें वार्ता के लिए समय दे दिया जाए।

Salauddin Saifi_Meerut said...

CBSE versus UP Board Acadmic Marks Weightage

Percentage Cut-off Marks# of Various State-Boards Result in class XII for
2008, 2009, 2010, and 2011
2008 2009 2010 2011
UP Board 69.2 72.6 77 77
CBSE 91 92.4 91.4 93.2
ICSE 91 92.4 91.8 93.2
You can see easily a difference between UP Board Marks and Other Board Marks.
Some years back (10-20 years ), UP Board Pass percentage was very low, And that time difference is very high between UP Board Marks and other board marks.

However I am NOT oppsing any board, but justify the stand of common examination. Additionally I felt
multistage examination can be a good option to select right candidate. As it happens Rajasthan.

Salauddin Saifi_Meerut said...

CBSE versus UP Board Acadmic Marks Weightage

Percentage Cut-off Marks# of Various State-Boards Result in class XII for
2008, 2009, 2010, and 2011
2008 2009 2010 2011
UP Board 69.2 72.6 77 77
CBSE 91 92.4 91.4 93.2
ICSE 93 93.3 93.2 93.43
You can see easily a difference between UP Board Marks and Other Board Marks.
Some years back (10-20 years ), UP Board Pass percentage was very low, And that time difference is very high between UP Board Marks and other board marks.

However I am NOT oppsing any board, but justify the stand of common examination. Additionally I felt
multistage examination can be a good option to select right candidate. As it happens Rajasthan.