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SUPREME COURT ON TET TEACHER MATTER ISSUE FOR RAJASTHAN TEACHER SELECTION - JUDGEMENT PART -2
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SUPREME COURT ON TET TEACHER MATTER ISSUE FOR RAJASTHAN TEACHER SELECTION - JUDGEMENT PART -2
The reference has been made by the Single Bench to the
Division Bench in Writ Petition No.3964/2011 Sushil Sompura & ors. V/s
State of Rajasthan & ors. vide order dated 9th May, 2011. The following
questions have been referred for adjudication by Division Bench:-
“(A) Whether in absence of any eligibility or qualification
in the rules the State Government can be permitted to conduct TET without amending
the service rules made under Article 309,Constitution of India on the basis of notification
dated 23.08.2010 which the Division Bench held vide order dated 13.4.2011 that
it is not statutory in character?
(B) Whether in view of the fact that stay order was in
existence on 06.05.2011 upon conducting the TET in S.B.Civil Writ Petition
No.3749/2011 an order for modifying the order dated 15.4.2011 passed in
S.B.Civil Writ Petition No.3068/2011 could be made allowing the State
Government to go ahead with conducting the TET examination?
(C) Whether once opinion is expressed by the Division Bench
that notification dated 23.8.2010 is not statutory in character, the learned
Single Bench can pass order permitting the State Government to conduct TET
examination which is not even enumerated in the service rules as eligibility or
qualification on the basis of notification dated 23.8.2010 which is admittedly found
to be administrative instruction by the Division Bench?
(D) Whether in absence of eligibility prescribed in the
rules the State Government will suffer any irreparable injury in not conducting
TET till adjudication of the matter and whether while conducting TET and
declaring any candidate unsuccessful and thereby denying consideration for
appointment on the post of Teacher under the existing rules is legal?
(E) Whether the State Government can withhold recruitment on
the ground that first they will conduct TET and thereafter proceed for prescribing
qualification in the rules?”
It appears that there are conflicting opinion expressed by
the Single Benches whether the cases are required to be heard by Single Bench
or Division Bench. There are also conflicting orders of interim stay granted in
different matters by different Benches, as such, cases have been referred to
the Division Bench. Considering the fact that the Notification dated 23.8.2010,
which has been issued by the NCTE, is under section 23(1) of the Act of 2009, we
have directed for listing of all the petitions before the Division Bench and
have heard the learned counsel appearing on behalf of the parties on merits of
the cases including questions which have been referred and they are being
decided by this common order.
It is averred in Writ Petition No.3964/2011 that the
petitioners have qualified three years degree course of graduation from
respective colleges/university and thereafter, they have completed B.Ed.
Course. Some of them have been appointed as Vidhyarthi Mitra under the Scheme introduced
by the State Government for the purpose of teaching students of primary, upper
primary, secondary and senior secondary schools. One incumbent is working on
the post of CRCF in the Sarva Shiksha Abhiyan.
It is further averred that the NCTE vide Notification dated
23.8.2010 issued under section 23
(1) of the Act of 2009 had laid down the minimum qualifications for being eligible
for appointment as Teacher in Class I to VIII in a school referred to in clause
(n) of Section 2 of the Act of 2009. Such Notification could not have been
issued in view of availability of persons under section 23. It could have been
done only in cases where there are no adequate institutions offering course or
training in teacher education are available with the State Government.
TET will be conducted by the appropriate Government in accordance with the
guidelines framed by the NCTE as per communication P/4 dated 11.2.2011 issued
by the Member Secretary, NCTE. The State Government issued advertisement
alongwith guidelines dated 30th March, 2011 for conducting TET and last date for
submitting application was 18.4.2011 and the date of examination was fixed as
22.5.2011. It has been prescribed that 50% marks in B.A., B.Sc. are compulsory
for appearing in TET examination, 2011 whereas the petitioners were allowed to
appear in B.Ed. Course on the basis of marks obtained by them in graduation
irrespective of the fact whether they have secured the marks more than 50% or
below 50%. Thus,their degree of B.Ed. are being de-recognized with retrospective
effect by imposing rider of certain percentage in the graduation (B.A., B.Sc.
etc.). It is also submitted that as the petitioners are working as Vidhyarthi
Mitra for several years, as such, they are not required to qualify TET
examination. They should have been exempted from appearing in the TET examination.
It is also submitted by the petitioners that as per the prevailing Rules of
Recruitment in Rajasthan, the recruitment of teacher Gr.III is through RPSC or
recruitment under the Rajasthan Panchayati Raj Rules 1996 or the Rajasthan
Education Subordinate Rules 1971 and they do not provide holding of TET. Thus,
action of holding TET examination is contrary to the Recruitment Rules.
In some of the petitions, prayer has been made to treat the
qualification of B.Com. in the graduation,which has been accepted by NCTE and
B.Com. has been included in the group of qualification of graduation in the
eligibility criteria. To that extent, prayer of the petitioners stands
satisfied.
In some of the petitions, prayer has been made by the
petitioners that as they have passed B.Ed. Examination from Jammu and Kashmir
where there is no applicability of eligibility criteria specified by NCTE, as
such, irrespective of their percentage in the graduation etc., they should be
permitted to participate in the TET.
The relief prayed by the petitioners stands satisfied in
view of the agreement expressed on behalf of NCTE to the effect that in case
they have passed B.A, B.Sc., B.Com., Senior Secondary or its equivalent
qualification and obtained admission in the requisite courses such as B.Ed.,
B.El.Ed. D.Ed. etc.as mentioned in para-1 of the Notification dated 23.8.2010,
prior to the prescription of the minimum qualifying marks by NCTE in Bachelor's
degree or Master's Degree etc. or any other qualification equivalent thereto
vide notifications dated 27.9.2007 and 31.8.2009, the minimum qualification of
having 45% or 50% marks, as the case may be, in the bachelor's degree or
master's degree etc. or any other equivalent qualification, shall not be
insisted as stated by Mr. Kuldeep Mathur, learned counsel appearing on behalf
of the NCTE on being instructed by Regional Director, NCTE. Thus, the major
grievance of the petitioners that their qualifications of B.Ed. B.El.Ed. etc.
mentioned in para 1 are being derecognized with retrospective effect when there
was no prescription of minimum qualifying marks of 45% or 50%, as the case may
be, stands redressed in view of the statement made by learned counsel appearing
on behalf of the NCTE. It has been further stated by the learned counsel for
the NCTE that for the first time,
de-novo qualifications were prescribed by the NCTE vide
Notification dated 27.9.2007 and further, qualifications were prescribed vide
Notification dated 31.8.2009 and in case admission has been taken by the
incumbents in any of the courses of B.Ed. B.El.Ed. etc. as mentioned in para-1
of the
Notification dated 23.8.2010 prior to aforesaid dates, they
shall not insist for having 45% or 50% marks, as the case may be, in qualifying
examination for aforesaid courses. Thus, respondents have to allow aforesaid
incumbents in TET examination, 2011.
Coming to the question of surviving reliefs, it is submitted
that notification dated 23.8.2010 is illegal, arbitrary and ulra vires the
Constitution. It is not necessary and it is repugnant to the Rules of Service
in the State. The guidelines for conducting TET as contained in P/6 provides
that the implementation of the Act of 2009 requires the recruitment of a large
number of teachers. It is necessary to ensure that persons recruited as
teachers possess the essential aptitude and ability to meet the challenges of
teaching at the primary and upper primary level Class I to VIII. Section 23 (1)
of the Act of 2009 provides for minimum qualifications as laid down by the
Academic Authority, authorized by the Central Government by notification. NCTE
has been authorized by the Central Government to lay down minimum qualifications and vide notification
dated 23rd August, 2010, NCTE has notified minimum qualifications,
which are essential for teaching in any school as referred to in clause (n) of
section 2 of the Act of 2009. It is necessary that incumbent should pass TET
which will be conducted by the appropriate Government. The rationale for
including TET as one of the minimum qualifications is quoted below:-
“3. The
rationale for including the TET as a minimum qualification for a person to be
eligible for appointment as a teacher is as under:-
i. It
would bring national standards and benchmark of teacher quality in the recruitment
process;
ii. It
would induce teacher education institutions and students from these institutions
to further improve their performance standards;
iii. It would send a positive signal to all stakeholders
that the Government lays special emphasis on teacher quality.”
Section 23 of the Act of 2009 which is enabling provision
for prescription of the qualifications is
quoted below:-
“23. Qualifications for appointment and terms and conditions
of service of teachers.- (1) Any person possessing such minimum qualifications,
as laid down by an academic authority, authorized by the Central Government, by
notification, shall be eligible for appointment as a teacher.
(2) Where a State does not have adequate institutions
offering courses or training in teacher education, or teachers possessing
minimum qualifications as laid down under sub-section (1) are not available in
sufficient numbers, the Central Government may, if it deems necessary, by notification,
relax the minimum qualifications required for appointment as a teacher, for such
period, not exceeding five years, as may be
specified in that notification.
Provided that a teacher who, at the commencement of this
Act, does not possess minimum qualifications as laid down under subsection (1),
shall acquire such minimum qualifications within a period of five years.
(3) The salary and allowances payable to, and the terms and
conditions of service of, teacher shall be such as may be prescribed.”
Section 2(n) of the Act of 2009 which specifies schools for
imparting elementary education is quoted
below:-
“2(n) “School” means any recognized school imparting
elementary education and includes- (i)a
school established, owned or controlled by the appropriate Government or a
local authority;
(ii)an aided school receiving aid or grants to meet whole or
part of its expenses from the appropriate Government or the local authority;
(iii)a school belonging to specified category; and
(iv)an unaided school not receiving any kind of aid or
grants to meet its expenses from the appropriate Government or the local authority;”
UPTET /RTET / टीईटी / TET - Teacher EligibilityTest Updates / Teacher Recruitment / शिक्षक भर्ती / SARKARI NAUKRI NEWS
UP-TET 2011, 72825 Teacher Recruitment,Teacher Eligibility Test (TET), 72825 teacher vacancy in up latest news join blog , UPTET , SARKARI NAUKRI NEWS, SARKARI NAUKRI
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CTET, TEACHER ELIGIBILITY TEST (TET), NCTE, RTE, UPTET, HTET, JTET / Jharkhand TET, OTET / Odisha TET ,
Rajasthan TET / RTET, BETET / Bihar TET, PSTET / Punjab State Teacher Eligibility Test, West Bengal TET / WBTET, MPTET / Madhya Pradesh TET, ASSAM TET / ATET
, UTET / Uttrakhand TET , GTET / Gujarat TET , TNTET / Tamilnadu TET , APTET / Andhra Pradesh TET , CGTET / Chattisgarh TET, HPTET / Himachal Pradesh TET
