जिस प्रकार इलाहबाद ट्रिपल बेंच का निर्णय आया है उस से एक बार फिर टी ई टी मेरिट से भर्ती की संभावनाएं प्रबल हो गयी हैं ,
हालाँकि अगर इलाहबाद डबल बेंच ने टी ई टी मेरिट के पक्ष में फेसला दिया तो भर्ती में अनुमानत ४-५ महीने से कम समय नहीं लगेगा -
१. राज्य सरकार ने बहुत से अभ्यर्थीयों का आवेदन शुल्क वापस कर दिया है
२. राज्य सरकार को नयी व्यवस्था के अंतर्गत तयारी करनी पड़ेगी
३. इलाहबाद डबल बेंच के फेसले में भी समय लग सकता है जो कि अनिश्चित है
अगर इलाहबाद डबल बेंच टी ई टी मेरिट के विरोध में फेसला देती है तो कुछ सूत्रों के हवाले से सुना जा रहा है कि टी ई टी मेरिट
वालों ने सुप्रीम कोर्ट में केवीट लगाई हुई है और शायद मामला आगे सुप्रीम कोर्ट जा सकता है ।
राज्य सरकार की आगामी भर्तियों में सम्भावना इस बात की है की भर्ती में टी ई टी मार्क्स का वेटेज + गुणांक वेटेज को जोड़ा जा सकता है ।
N.C.T.E. dated 11th February, 2011. Clause 9, provides for the minimum marks for qualifying TET Examination as 60%. Clause 9(b) provides that the State or the appointing authority may provide weightage as per the TET Score to the candidates in the recruitment process. It is further stated that the State Government has accepted the guidelines so framed by the NCTE as is apparent from its letter dated 7th September, 2011 and therefore, the State Government has to provide weightage with reference to the TET Score of the candidates.
Now Allahabad Highcourt Triple Bench Says about this -
1. We wish to clarify that the binding effect of the notifications and the guidelines is such that the weightage which is contemplated under the guidelines dated 11th February, 2011 cannot be ignored. The minimum score that is required of a candidate is 60% to pass the teacher eligibility test. A concession of 5% has been made in favour of the reserved category candidates including the physically challenged and disabled persons.
This norm therefore cannot be diluted. Apart from this, the State Government has to take notice of the fact that weightage has to be given in the recruitment process as well. It is for the State Government to suitably adopt the said guidelines and we do not wish to add anything further at this stage as we are only concerned with the essentiality of the qualification of the teacher eligibility test to be possessed by any candidate aspiring to be appointed as a teacher.
We wish to make it clear that the law has to be followed in the manner in which it has been legislated. It cannot be diluted on account of the inaction of the State. In such circumstances all teachers whose appointment relate to the period after 23.8.2010 have to be possessed of TET.
A long time back, Allahabad High court not objected 100% TET marks i.e. TET merit for selection,
UPTET : Petition against selection on the basis of TET Marks is Dismissed
इलाहाबाद हाईकोर्ट : टी ई टी मार्क्स / मेरिट से सेलेक्सन के विरोध की याचिका ख़ारिज
can be construed as contrary to the guidelines issued by National Council for Teacher Education (hereinafter referred to as "NCTE") inasmuch as, NCTE provides T.E.T. qualification as a necessary qualification for appointment of Primary Teachers but simultaneously provides that it shall not guarantee appointment to any person merely on account of possession of such qualification. The Rules do not go contrary thereto but only provide that before a candidates is to be considered by Selection Committee, list of candidates, who have applied for appointment to the post of Assistant Teacher, shall be prepared and in that preparation of list, T.E.T. marks shall be the criteria.� It� is� like� a� guideline� for� ascertaining� zone� of
- 2 -
consideration and field of eligibility but by itself does not provide any guarantee for appointment. The Rules thus cannot be said to be contrary to NCTE guidelines.
3.��� No interference therefore called for.
4.��� Dismissed.
Order Date :- 2.1.2012
KA
However many candidates informed/suggested that 100% weighatge has no meaning of weightage.
I also found that many States in India using some percentage of TET marks for weightage purpose.
Mera purpose na to TET merit dharee ko support karna hai na hee Gunank Dharee aur na hee kisee Shiksha Mitra ke against hai. jaisee information aatee hai aur jaise conclusion nikalte dikhayee dete hain. Blog par share kar diye jaate hain.
Laste year se huee gatividhiyon va TB ka Nirnay dekhte hue. Blog ka sochna hai ki shayad State Govt. aagamee bhrtee mein - TET marks ka thoda sa weightage + Acad marks ka weighatge bhrtee mein shamil kar saktee hai.
***************************************************
Other Points of Triple Becnh -
The questions that have been therefore framed by us are answered as follows:-
1. The teacher eligibility test is an essential qualification that has to be possessed by every candidate who seeks appointment as a teacher of elementary education in Classes 1 to 5 as per the notification dated 23.8.2010 which notification is within the powers of the NCTE under Section 23(1) of the 2009 Act.
2. Clause 3(a) of the notification dated 23.8.2010 is an integral part of the notification and cannot be read in isolation so as to exempt such candidates who are described in the said clause to be possessed of qualifications from the teacher eligibility test.
3. We approve of the judgment of the division bench in Prabhakar Singh's case to the extent of laying down the interpretation of the commencement of recruitment process under Clause 5 of the notification dated 23.8.2010 but we disapprove and overrule the ratio of the said decision in relation to grant of exemption and relaxation from teacher eligibility test to the candidates referred to in Clause 3 (a) of the notification dated 23.8.2010, and consequently, hold that the teacher eligibility test is compulsory for all candidates referred to in Clause 1 and Clause 3 (a).
Let the judgement be accordingly placed before the respective benches for appropriate orders.
To Read Complete Judgement of Triple Bench , Click Here -