CTET SARKARI NAUKRI News - -
CTET only as a qualifying examination for appointment of Primary Teachers
and Upper Primary Teachers, cannot provide the sole criteria of marks for
selection of Trained Graduate Teachers (TGTs) in the respondent-KVS
CENTRAL ADMINISTRATIVE TRIBUNAL - PRINCIPAL BENCH DELHI PASSED ORDER THAT
TET/CTET IS ONLY A QUALIFYING TEST AND ITS MARKS CAN NOT TAKEN FOR
SELECTION CRIETRIA
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
OA 764/2012 6. OA 888/2012 11. OA 1137/2012
MA 629/2012 MA 735/2012 MA 1698/2012
MA 630/2012 MA 736/2012
MA 1696/2012 MA 1705/2012
OA 783/2012 7. OA 891/2012
MA 659/2012 MA 1695/2012
MA 1702/2012
OA 824/2012 8. OA 920/2012
MA 688/2012 MA 772/2012
MA 1703/2012 MA 1699/2012
OA 866/2012 9 OA 976/2012
MA 1704/2012 MA 1697/2012
5. OA 985/2012 10. OA 990/2012
MA 1701/2012 MA 1700/2012
marks fixed by KVS in C.T.E.T. category wise
1. TGTS Gen. OBC SC ST OH HH VH
ENG. 104 98 92 83 96 98 85
HINDI 98 95 89 89 88 93 90
SANSKRIT 93 90 85 83 - - 104
MATHS 101 93 87 86 99 - -
SCIENCE 104 100 91 82 94 - -
SOCIAL STUDIES 103 101 95 91 98 95 94
2. PRTs 104 98 92 82 94 82 85
4. The case of the applicants of these OAs is that the respondents could
not have short-listed the candidates for the interview on the basis of the
marks obtained in the CTET held on 26.06.2011, in violation of the
advertisement issued by the respondent KVS notifying the recruitments for
the posts of TGTs, PRTs and Miscellaneous Teaching Posts which had been
published in the Employment News of the week 30.10.2010-5.11.2010. The
details of the vacancies were given in the recruitment advertisement in a
Tabular Form in respect of Post Code-31 (English), Post Cost-32 (Hindi),
Post Code-33 (Social Studies), Post Code-34 (Science), Post Code-35
(Sanskrit), Post Code-36 (Maths), Post Code 51 (Librarian), Post Code-52
(Art Education), Post Code-53 (Work Experience), & Post Code-54 (Physical
and Health Education), and that it gave the detailed break down of the
total 559 vacancies in all the subjects, along with the prescription of the
number of posts reserved for general category, SC,ST,OBC, Orthopedically
Handicapped (OH, in short), Visually Handicapped (VH, in short) and Hearing
Handicapped (HH, in short). The essential qualifications for the Post
Codes 31 to 36 were prescribed as follows:-
Post Code Post/Subjects Subject(s) Qualification on code
31 TGT English English as an elective subject at Degree level 01
32 TGT Hindi Hindi as an elective subject at Degree level 02
33 TGT SST Any two of the following:
History, Geography, Economics and Political Science of which one must be
either History or Geography. 03
34 TGT Science Chemistry, Botany and Zoology 04
35 TGT Sanskrit Sanskrit as an elective subject at Degree level 05
36 TGT - Maths Maths with any two of the following subjects: -
Physics/ Chemistry/Electronics/ Computer Science/ Statistics 06
b) B.Ed. or equivalent Degree from a recognized University.
c) Proficiency in teaching in Hindi and English.
Desirable: Knowledge of Computer Applications.
(Emphasis supplied).
5. The essential qualifications in respect of the remaining Post Codes 51
to 54 are not being re-produced here for the sake of brevity, and also
because no submissions were made by any applicants in regard to them. The
essential qualifications prescribed in respect of Post Codes 41 (Primary
Teacher) Post Code-55 and (Primary Teacher-Music) are also not being
re-produced here, since no submissions were made in regard to them also.
6. The detailed advertisement gave the details of Age Relaxation (Para-5),
Examination Fee and Mode of Payment (Para-6), Guidance regarding how to
apply (Para-7), Mode of Selection and Scheme of Examination (Para-8),
Schedule of Examination (Para-9), Examination Cities (Para-10) in which the
Selection Examination was to be held, Reasons of Rejection (Para-11), and
then the details regarding Last Date for Receipt of Applications (Para-12).
No correspondence should be entertained into with the KVS (Para-13), and
General Instructions regarding Examinations (Para-14), and the detailed
format for application etc. was given thereafter. Out of this, apart from
the essential qualifications for the Post Codes 31 to 36 re-produced above,
it is essential to also re-produce below Para-8 of the said Advertisement,
which stated as follows:-
8. MODE OF SELECTION AND SCHEME OF EXAMINATION
The mode of selection shall include a written examination test/interview as
per the following scheme of the examination:
i.. Preliminary Examination: The test will be an objective type multiple
choices of answers consisting of 150 questions for a duration of 3 hours
and will carry 1 mark each, in 2 parts, as per details mentioned below:
Part 1: The Paper will consist of 110 Questions in the disciplines of
General Knowledge, General Awareness, Current Affairs, General Science &
Indian Constitution, Reasoning, Quantitative Aptitude and Teaching Aptitude
etc. The medium of the question paper will be both English and Hindi
Part 2: The Paper will consist of 40 Questions (20 questions based on
English language and 20 questions based on Hindi language) for evaluation
of language competence of the candidates which will be of qualifying in
nature. However, the candidate will be expected to obtain 05 marks in
English & Hindi separately as well as minimum 13 marks in this paper as a
whole in order to qualify the test.
Note:-For the evaluation purpose there shall be no negative marking.
ii. Main Examination : Based on the marks and merit rank secured by a
candidate in Part-I of the Preliminary Examination, up to a cut off
percentage as decided by KVS and those candidates who qualify in Part-2
will be called for the Main Examination. This will be of Descriptive Type
Paper consisting of 120 marks for a duration of 3 hours. The medium of the
question paper will be both English and Hindi (except Language papers i.e.
English, Hindi)
This examination will consist of long, medium and short answer questions
pertaining to subject/posts for which a candidate has applied. The
questions may be recall type questions to test the conceptual understanding
of the topics. A few questions on drawing interpretations from given raw
data and some situational questions may also be asked to test the
analytical ability and intelligence of the candidates
iii Interview Test : While processing the final result only those
candidates will be included who have obtained a pre determined cut off
percentage of marks in the Main Examination. Only those candidates will be
called for the interview who has secured merit rank based on the
performance (above cut off percentage).
The candidate will be interviewed by a Board who will have before them a
record of his career. He will be asked questions on matters of general
interest and on the subject pertaining to the post applied for. The object
of the interview is to assess
the personal suitability of the candidate for
a career in teaching profession by a Board of competent and unbiased
observers. The test is intended to judge the mental caliber and
communication skill of a candidate.
Some of the qualities to be judged are mental alertness, critical powers of
assimilation, clear and logical exposition, and balance of judgment,
variety and depth of interest, leadership, intellectual and moral integrity.
The technique of the interview is not that of a strict cross-examination
but of a natural, through directed and purposive conversation which is
intended to reveal the mental qualities of the candidate.
The interview test is not intended to be a test either of the specialized
or general knowledge of the candidates which has been already tested
through their written papers. Candidates are expected to have taken an
intelligent interest not only in their special subjects of academic study
but also in the events which are happening around them both within and
outside their own state or country as well as in modern currents of thought
and in new discoveries which should arouse the curiosity of well educated
youth/informed citizen.
The final merit will be based on the combined performance in the written
test and interview and the weightage shall be 80:20 respectively. However,
the weighted evaluation scheme in respect of misc. category of teachers
such as Music teacher shall be: Written Test 50%; Performance Test 30%; and
Interview 20%.
7. The applicants have pointed out that even before this Notification was
issued by the KVS, the Parliament had enacted the Right of Children to Free
and Compulsory Education Act, 2009, which had been given ascent to by the
Hon ble President of India. Thereafter, through Gazette of India
Notification filed as Annexure A-4 in OA No.920/2012, under the residuary
Constitutional powers of Union of India for making Statutory Rules, S.O.
No.750 (E) dated 31.03.2010 was Gazette notified. Through this S.O., in
exercise of the powers conferred by Sub-Section-1 of
Section-23 of the
Right of Children to Free and Compulsory Education Act, 2009, the Central
Government had authorized the National Council for Teachers Education
(NCTE, in short) as the academic authority to lay down the minimum
qualifications for a person to be eligible for appointment as a Teacher.
Thereafter, through Gazette Notification dated 23.08.2010, produced as
Annexure A-5, in OA No.920/2012, the NCTE had laid down the minimum
qualifications for a person to be eligible for appointment as a Teacher in
Classes I-VIII in a school, referred to in clause (n) of Section 2 of the
Right of Children to Free and Compulsory Education Act, 2009. It laid down
the qualifications for Teachers for teaching Classes I-V separately, and
for teaching Classes VI-VIII separately, as follows:-
1. Minimum Qualifications:-
(i) CLASSES I V
(a) Senior Secondary (or its equivalent) with at least 50% marks and 2 year
Diploma in Elementary Education (by whatever name known)
OR
Senior Secondary (or its equivalent) with at least 45% marks and 2 year
Diploma in Elementary Education (by whatever name known), in accordance
with the NCTE (Recognition Norms and Procedure), Regulations 2002.
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4 year
Bachelor of Elementary Education (B.El. Ed.)
OR
Senior Secondary (or its equivalent) with at least 50% marks and 2 year
Diploma in Education (Special Education)
AND
(b) Pass in the Teacher Eligibility Text (TET), to be conducted by the
appropriate Government in accordance with the Guidelines framed by the NCTE
for the purpose.
(ii) Classes VI-VIII
(a) B.A/B.Sc and 2 year Diploma in Elementary Education (by whatever name
known)
OR
B.A/B.Sc. with at least 50% marks and 1 year Bachelor in Education (B.Ed.)
OR
B.A/B.Sc with at least 45% marks and 1 year Bachelor in Education (B.Ed),
in accordance with the NCTE (Recognition Norms and Procedure) Regulations
issued from time to time in this regard.
OR
Senior Secondary (or its equivalent) with at least 50% marks and
4 year
Bachelor in Elementary Education (B.El. Ed)
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4 year
BA/B.Sc. Ed or B.A.Ed./B.Sc. Ed.
OR
B.A./B.Sc. with at least 50% marks and 1 year B.Ed. (Special Education)
AND
(b) Pass in the Teacher Eligibility Text (TET), to be conducted by the
appropriate Government in accordance with the Guidelines framed by the NCTE
for the purpose.
2. Diploma/Degree Course in Teacher Education:- For the purposes of this
Notification, a diploma/degree course in teacher education recognized by
the National Council for Teacher Education (NCTE) only shall be considered.
However, in case of Diploma in Education (Special Education) and B.Ed
(Special Education), a course recognized by the Rehabilitation Council of
India (RCI) only shall be considered.
3. Training to be undergone :- A person-
(a) with B.A/B.Sc with at least 50% marks and B.Ed qualification shall also
be eligible for appointment for class I to V upto 1st January,2012,
provided he undergoes, after appointment, an NCTE recognized 6 month
special programme in Elementary Education.
(b) with D.Ed (Special Education) or B.Ed (Special Education) qualification
shall undergo, after appointment, an NCTE recognized 6 month special
programme in Elementary Education .
(Emphasis supplied)
8. Later on, these minimum qualifications were revised by the NCTE through
a Gazette Notification issued 11 months later, on 29.07.2011, stating the
minimum qualifications to be as follows:-
1. Minimum Qualifications :-
(i) Classes I V
(a) Senior Secondary (or its equivalent) with at least 50% marks and 2 year
Diploma in Elementary Education (by whatever name known)
OR
Senior Secondary (or its equivalent) with at least 45% marks and 2-year
Diploma in Elementary Education (by whatever name known), in accordance
with the NCTE (Recognition Norms and Procedure), Regulations, 2002.
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4-year
Bachelor of Elementary Education (B.El.Ed.)
OR
Senior Secondary(or its equivalent) with at least 50% marks and 2-year
Diploma in Education (Special Education)
OR
Graduation and two year Diploma in Elementary (by whatever name known)
AND
(b) Pass in the Teacher Eligibility Test (TET), to be conducted by the
appropriate Government in accordance with the Guidelines framed by the NCTE
for the purpose.
(II) Sub-para (ii) of para 1 of the principal Notification shall be
substituted, namely :
1 (ii) Classes VI VIII
(a) Graduation and 2 - year Diploma in Elementary Education (by whatever
name known)
OR
Graduation with at least 50% marks and 1 year Bachelor in Education (B.Ed.)
OR
Graduation with at least 45% marks and 1 year Bachelor in Education
(B.Ed.), in accordance with the NCTE (Recognition Norms and Procedure)
Regulations issued from time to time in this regard.
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4 year
Bachelor in Elementary Education (B.El.Ed.)
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4-year
B.A./ B.Sc.Ed. or B.A. Ed./ B.Sc.Ed.
OR
Graduation with at least 50% marks and 1 year B.Ed. (Special Education)
AND
(b) Pass in Teacher Eligibility Test (TET), to be conducted by the
appropriate Government in accordance with the Guidelines framed by the NCTE
for the purpose.
(III) Para 3 of the principal Notification shall be substituted namely:-
(i) Training to be undergone A person -
(a) with Graduation with at least 50% marks and B.Ed. qualification or with
at least 45% marks and 1-year Bachelor in Education (B.Ed.), in accordance
with the NCTE (Recognition Norms and Procedure) Regulations issued from
time to time in this regard, shall also be eligible for appointment to
Class I to V upto 1st January, 2012, provided he/she undergoes, after
appointment, an NCTE recognized 6-month Special programme in Elementary
Education ;
(b) with D.Ed. (Special Education) or B.Ed. (Special Education)
qualification shall undergo, after appointment an NCTE recognized 6-month
Special programme in Elementary Education .
9. The whole purpose of the NCTE being appointed as the academic authority
to lay down the minimum qualifications for a person to be eligible for
appointment as a Teacher, and for allowing it to prescribe those
qualifications, and to supervise the conduct of the CTET, through the
Central Board of Secondary Education (CBSE, in short), was that the
implementation of Right of Children to Free and Compulsory Education (RTE)
Act, 2009, required the sudden and immediate recruitment of a large number
of teachers across the country in a time bound manner, in unforeseen
numbers, and still it was essential to ensure that the quality requirement
for recruitment of teachers is not diluted at any cost. It was also
necessary to ensure that the persons recruited as Teachers possessed the
essential aptitude and ability to meet the challenges of teaching at the
Primary (I-V classes) and Upper Primary (VI-VIII classes) levels. For the
conduct of the CTET, the Rules filed at Annexure A-6 in OA No.920/2012 were
notified, called as the Central Teacher Eligibility Test Rules, 2011 , for
governing the test to be conducted on 26.06.2011.
10. The case of the applicants is that when the respondent KVS had issued
its Advertisement for Recruitment for the posts of TGTs, PRTs and
Miscellaneous Teaching Posts for the year 2011-12 through Annexure A-2, the
Gazette Notification dated 23.08.2010 laying down the minimum
qualifications for Teachers to teach primary classes I-V and Upper Primary
Classes VI-VIII had already been Gazette notified, which the KVS was fully
aware of. However, in their detailed 12 page Advertisement as published in
the Employment News dated 30.10.2010, as cited and described above, and in
particular in Para-8 Mode of Selection and Scheme of Examination , no
reference whatsoever was made by the KVS to either NCTE or to the CTET,
even though the Gazette Notification dated 23.08.2010 was already in place
in this regard, before the issuance of the KVS Advertisement. When the
respondent KVS woke up to this, through their
letter dated 20.04.2011,
after the Preliminary Examination/Screening Test held by the respondent KVS
on 12.02.2011 had already been conducted as per Para-8 (i) cited above, the
respondent KVS issued a similarly worded letter to all the candidates who
had qualified in the Preliminary Screening Test Examination stating as
follows:-
Dear Candidates,
With reference to your application for the post of TGT/Primary Teacher in
the KVS, you are hereby informed that you have qualified the screening test
held on 12th February, 2011. Now, as per the provisions of sub-section (i)
of Section 23 of the RTE Act, the Govt. of India vide Notification dated
23rd August, 2010 has laid down the minimum qualification for a person to
be eligible for appointment as a teacher to teach classes I to VII.
According to the said Notification, for appointment as a teacher the
candidate should pass the Central Teacher Eligibility Test (CTET), which
will be conducted by appropriate Government in accordance with the
guidelines framed by the National Council for Teacher Education (NCTE).
The Govt. of India has entrusted the responsibility of conducting the
Central Teacher Eligibility Test(CTET) to the Central Board of Secondary
Education (CBSE) which will be applicable to the KVS also.
You are, therefore, required to apply & qualify the Central Teacher
Eligibility Test (CTET) scheduled to be held on 26th June, 2011 as per the
terms and conditions of the Central Board of Secondary Education published
in the Newspaper dated 08th April, 2011 to become eligible for the main
examination being conducted by the KVS for the said post.
You are, further, advised to submit a copy of your marks sheet of CTET
along with your Roll No. allotted to you for appearing in the Preliminary
Examination and Post applied for to The Deputy Commissioner (Admn.),
Kendriya Vidyalaya Sangathan, 18 Institutional Area, Shaheed Jeet Singh
Marg, New Delhi-110016 by Registered/Speed Post within 15 days of the
declaration of CTET result so that you may be considered for
Main
Examination .
(Emphasis in para-3 above supplied)
11. This letter had been issued by the respondent KVS after having
deferred the conduct of the Main Examination, which had been already
notified to be scheduled on 09.04.2011, as per Para-9 (b) of the
Recruitment Notification. The case of the applicants is that as per the
provisions of the RTE Act, 2009, the CTET to be conducted on 26.6.2011 was
only a mandatory requirement as per the appropriate law, and the
subordinate Legislation issued thereunder, and was to be considered only as
a test of eligibility for appointment as a Teacher to teach Primary Classes
(I-V) or Upper Primary Classes (VI-VIII), and could not have been
considered as a replacement for the Main Examination already notified to be
conducted by the respondent-KVS through Para-8 (ii) of their Recruitment
Notification.
12. The further case of the applicants is that since the process of
recruitment had already been set in motion by respondent KVS, by the
conduct of the Preliminary Examination/Screening Test of 12.02.2011,
thereafter the remaining process of conduct of the Main Examination, and
the conduct of the Interview Test thereafter by the KVS, as per the
Recruitment Notification already issued, could not have been dispensed with
by the respondent-KVS. The applicants have no objection with the
respondent-KVS having prescribed an additional statutory requirement of
qualifying the CTET, which was conducted on 26.06.2011, and which
apparently all the applicants have passed, as they accept it as an
additional statutory requirement. However, they are aggrieved that while
they have on their part shown their willingness to fulfil the additional
statutory requirement of appearing at the CTET and qualifying the same, the
respondents have changed the Rules of the game in between the process of
selection in the Scheme of Examination as already notified and already set
in motion, by cancelling the Main Examination scheduled to be conducted by
them, and notifying through the impugned notice
dated 28.02.2012 that the
interviews will now be conducted by the KVS only on the basis of the marks
obtained by the candidates in the CTET held on 26.06.2011, with arbitrary
cut off marks being decided for TGTs in different subjects.
13. Heard the cases in detail. It was pointed out by the learned counsels
for the applicants that under the CTET Rules, under Rule 5.1 dealing with
Minimum Qualifications for teaching the Primary Classes (I-V), passing the
CTET with 50% or 45% marks has been prescribed, along with relaxation of 5%
qualifying marks for SC/ST and differently abled candidates, and
similarly the minimum qualification for qualifying CTET to become a teacher
for Upper Primary Classes (VI-VIII) is also only passing, with at least 50%
or 45% of marks, as prescribed under Rule-5.2, with 5% relaxation in
qualifying marks for SC/ST and differently abled candidates. It is the
case of the applicants that there is no concept in the CTET Rules, 2011,
for marks above 50% obtained by any candidate to be considered for any
purposes whatsoever, as the only requirement for passing the CTET is
appearing at the examination, and qualifying it with 50%/45% of marks as
prescribed. Therefore, the submission of the applicants is that the
respondent KVS was at fault in prescribing different cut off marks obtained
on the basis of the CTET conducted by the CBSE for recruitment as TGTs for
different subjects, which could not have been the basis for recruitment of
teachers for KVS.
14. One very relevant point was mentioned by the learned counsel of
OA-620/2012 while arguing the case that in the Scheme of CTET, Mathematics
and Science Teachers have been combined in a single category for the
conduct of the CTET Examination. It was pointed out that this is entirely
in conflict with the essential qualifications as prescribed in Para-2(a) of
the Recruitment Advertisement published by the respondent KVS, as per the
Table reproduced in para-4/above, in which, for TGT Science posts the
knowledge of subjects of Chemistry, Botany and
CTET only as a qualifying examination for appointment of Primary Teachers
and Upper Primary Teachers, cannot provide the sole criteria of marks for
selection of Trained Graduate Teachers (TGTs) in the respondent-KVS
CENTRAL ADMINISTRATIVE TRIBUNAL - PRINCIPAL BENCH DELHI PASSED ORDER THAT
TET/CTET IS ONLY A QUALIFYING TEST AND ITS MARKS CAN NOT TAKEN FOR
SELECTION CRIETRIA
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
OA 764/2012 6. OA 888/2012 11. OA 1137/2012
MA 629/2012 MA 735/2012 MA 1698/2012
MA 630/2012 MA 736/2012
MA 1696/2012 MA 1705/2012
OA 783/2012 7. OA 891/2012
MA 659/2012 MA 1695/2012
MA 1702/2012
OA 824/2012 8. OA 920/2012
MA 688/2012 MA 772/2012
MA 1703/2012 MA 1699/2012
OA 866/2012 9 OA 976/2012
MA 1704/2012 MA 1697/2012
5. OA 985/2012 10. OA 990/2012
MA 1701/2012 MA 1700/2012
marks fixed by KVS in C.T.E.T. category wise
1. TGTS Gen. OBC SC ST OH HH VH
ENG. 104 98 92 83 96 98 85
HINDI 98 95 89 89 88 93 90
SANSKRIT 93 90 85 83 - - 104
MATHS 101 93 87 86 99 - -
SCIENCE 104 100 91 82 94 - -
SOCIAL STUDIES 103 101 95 91 98 95 94
2. PRTs 104 98 92 82 94 82 85
4. The case of the applicants of these OAs is that the respondents could
not have short-listed the candidates for the interview on the basis of the
marks obtained in the CTET held on 26.06.2011, in violation of the
advertisement issued by the respondent KVS notifying the recruitments for
the posts of TGTs, PRTs and Miscellaneous Teaching Posts which had been
published in the Employment News of the week 30.10.2010-5.11.2010. The
details of the vacancies were given in the recruitment advertisement in a
Tabular Form in respect of Post Code-31 (English), Post Cost-32 (Hindi),
Post Code-33 (Social Studies), Post Code-34 (Science), Post Code-35
(Sanskrit), Post Code-36 (Maths), Post Code 51 (Librarian), Post Code-52
(Art Education), Post Code-53 (Work Experience), & Post Code-54 (Physical
and Health Education), and that it gave the detailed break down of the
total 559 vacancies in all the subjects, along with the prescription of the
number of posts reserved for general category, SC,ST,OBC, Orthopedically
Handicapped (OH, in short), Visually Handicapped (VH, in short) and Hearing
Handicapped (HH, in short). The essential qualifications for the Post
Codes 31 to 36 were prescribed as follows:-
Post Code Post/Subjects Subject(s) Qualification on code
31 TGT English English as an elective subject at Degree level 01
32 TGT Hindi Hindi as an elective subject at Degree level 02
33 TGT SST Any two of the following:
History, Geography, Economics and Political Science of which one must be
either History or Geography. 03
34 TGT Science Chemistry, Botany and Zoology 04
35 TGT Sanskrit Sanskrit as an elective subject at Degree level 05
36 TGT - Maths Maths with any two of the following subjects: -
Physics/ Chemistry/Electronics/ Computer Science/ Statistics 06
b) B.Ed. or equivalent Degree from a recognized University.
c) Proficiency in teaching in Hindi and English.
Desirable: Knowledge of Computer Applications.
(Emphasis supplied).
5. The essential qualifications in respect of the remaining Post Codes 51
to 54 are not being re-produced here for the sake of brevity, and also
because no submissions were made by any applicants in regard to them. The
essential qualifications prescribed in respect of Post Codes 41 (Primary
Teacher) Post Code-55 and (Primary Teacher-Music) are also not being
re-produced here, since no submissions were made in regard to them also.
6. The detailed advertisement gave the details of Age Relaxation (Para-5),
Examination Fee and Mode of Payment (Para-6), Guidance regarding how to
apply (Para-7), Mode of Selection and Scheme of Examination (Para-8),
Schedule of Examination (Para-9), Examination Cities (Para-10) in which the
Selection Examination was to be held, Reasons of Rejection (Para-11), and
then the details regarding Last Date for Receipt of Applications (Para-12).
No correspondence should be entertained into with the KVS (Para-13), and
General Instructions regarding Examinations (Para-14), and the detailed
format for application etc. was given thereafter. Out of this, apart from
the essential qualifications for the Post Codes 31 to 36 re-produced above,
it is essential to also re-produce below Para-8 of the said Advertisement,
which stated as follows:-
8. MODE OF SELECTION AND SCHEME OF EXAMINATION
The mode of selection shall include a written examination test/interview as
per the following scheme of the examination:
i.. Preliminary Examination: The test will be an objective type multiple
choices of answers consisting of 150 questions for a duration of 3 hours
and will carry 1 mark each, in 2 parts, as per details mentioned below:
Part 1: The Paper will consist of 110 Questions in the disciplines of
General Knowledge, General Awareness, Current Affairs, General Science &
Indian Constitution, Reasoning, Quantitative Aptitude and Teaching Aptitude
etc. The medium of the question paper will be both English and Hindi
Part 2: The Paper will consist of 40 Questions (20 questions based on
English language and 20 questions based on Hindi language) for evaluation
of language competence of the candidates which will be of qualifying in
nature. However, the candidate will be expected to obtain 05 marks in
English & Hindi separately as well as minimum 13 marks in this paper as a
whole in order to qualify the test.
Note:-For the evaluation purpose there shall be no negative marking.
ii. Main Examination : Based on the marks and merit rank secured by a
candidate in Part-I of the Preliminary Examination, up to a cut off
percentage as decided by KVS and those candidates who qualify in Part-2
will be called for the Main Examination. This will be of Descriptive Type
Paper consisting of 120 marks for a duration of 3 hours. The medium of the
question paper will be both English and Hindi (except Language papers i.e.
English, Hindi)
This examination will consist of long, medium and short answer questions
pertaining to subject/posts for which a candidate has applied. The
questions may be recall type questions to test the conceptual understanding
of the topics. A few questions on drawing interpretations from given raw
data and some situational questions may also be asked to test the
analytical ability and intelligence of the candidates
iii Interview Test : While processing the final result only those
candidates will be included who have obtained a pre determined cut off
percentage of marks in the Main Examination. Only those candidates will be
called for the interview who has secured merit rank based on the
performance (above cut off percentage).
The candidate will be interviewed by a Board who will have before them a
record of his career. He will be asked questions on matters of general
interest and on the subject pertaining to the post applied for. The object
of the interview is to assess
the personal suitability of the candidate for
a career in teaching profession by a Board of competent and unbiased
observers. The test is intended to judge the mental caliber and
communication skill of a candidate.
Some of the qualities to be judged are mental alertness, critical powers of
assimilation, clear and logical exposition, and balance of judgment,
variety and depth of interest, leadership, intellectual and moral integrity.
The technique of the interview is not that of a strict cross-examination
but of a natural, through directed and purposive conversation which is
intended to reveal the mental qualities of the candidate.
The interview test is not intended to be a test either of the specialized
or general knowledge of the candidates which has been already tested
through their written papers. Candidates are expected to have taken an
intelligent interest not only in their special subjects of academic study
but also in the events which are happening around them both within and
outside their own state or country as well as in modern currents of thought
and in new discoveries which should arouse the curiosity of well educated
youth/informed citizen.
The final merit will be based on the combined performance in the written
test and interview and the weightage shall be 80:20 respectively. However,
the weighted evaluation scheme in respect of misc. category of teachers
such as Music teacher shall be: Written Test 50%; Performance Test 30%; and
Interview 20%.
7. The applicants have pointed out that even before this Notification was
issued by the KVS, the Parliament had enacted the Right of Children to Free
and Compulsory Education Act, 2009, which had been given ascent to by the
Hon ble President of India. Thereafter, through Gazette of India
Notification filed as Annexure A-4 in OA No.920/2012, under the residuary
Constitutional powers of Union of India for making Statutory Rules, S.O.
No.750 (E) dated 31.03.2010 was Gazette notified. Through this S.O., in
exercise of the powers conferred by Sub-Section-1 of
Section-23 of the
Right of Children to Free and Compulsory Education Act, 2009, the Central
Government had authorized the National Council for Teachers Education
(NCTE, in short) as the academic authority to lay down the minimum
qualifications for a person to be eligible for appointment as a Teacher.
Thereafter, through Gazette Notification dated 23.08.2010, produced as
Annexure A-5, in OA No.920/2012, the NCTE had laid down the minimum
qualifications for a person to be eligible for appointment as a Teacher in
Classes I-VIII in a school, referred to in clause (n) of Section 2 of the
Right of Children to Free and Compulsory Education Act, 2009. It laid down
the qualifications for Teachers for teaching Classes I-V separately, and
for teaching Classes VI-VIII separately, as follows:-
1. Minimum Qualifications:-
(i) CLASSES I V
(a) Senior Secondary (or its equivalent) with at least 50% marks and 2 year
Diploma in Elementary Education (by whatever name known)
OR
Senior Secondary (or its equivalent) with at least 45% marks and 2 year
Diploma in Elementary Education (by whatever name known), in accordance
with the NCTE (Recognition Norms and Procedure), Regulations 2002.
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4 year
Bachelor of Elementary Education (B.El. Ed.)
OR
Senior Secondary (or its equivalent) with at least 50% marks and 2 year
Diploma in Education (Special Education)
AND
(b) Pass in the Teacher Eligibility Text (TET), to be conducted by the
appropriate Government in accordance with the Guidelines framed by the NCTE
for the purpose.
(ii) Classes VI-VIII
(a) B.A/B.Sc and 2 year Diploma in Elementary Education (by whatever name
known)
OR
B.A/B.Sc. with at least 50% marks and 1 year Bachelor in Education (B.Ed.)
OR
B.A/B.Sc with at least 45% marks and 1 year Bachelor in Education (B.Ed),
in accordance with the NCTE (Recognition Norms and Procedure) Regulations
issued from time to time in this regard.
OR
Senior Secondary (or its equivalent) with at least 50% marks and
4 year
Bachelor in Elementary Education (B.El. Ed)
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4 year
BA/B.Sc. Ed or B.A.Ed./B.Sc. Ed.
OR
B.A./B.Sc. with at least 50% marks and 1 year B.Ed. (Special Education)
AND
(b) Pass in the Teacher Eligibility Text (TET), to be conducted by the
appropriate Government in accordance with the Guidelines framed by the NCTE
for the purpose.
2. Diploma/Degree Course in Teacher Education:- For the purposes of this
Notification, a diploma/degree course in teacher education recognized by
the National Council for Teacher Education (NCTE) only shall be considered.
However, in case of Diploma in Education (Special Education) and B.Ed
(Special Education), a course recognized by the Rehabilitation Council of
India (RCI) only shall be considered.
3. Training to be undergone :- A person-
(a) with B.A/B.Sc with at least 50% marks and B.Ed qualification shall also
be eligible for appointment for class I to V upto 1st January,2012,
provided he undergoes, after appointment, an NCTE recognized 6 month
special programme in Elementary Education.
(b) with D.Ed (Special Education) or B.Ed (Special Education) qualification
shall undergo, after appointment, an NCTE recognized 6 month special
programme in Elementary Education .
(Emphasis supplied)
8. Later on, these minimum qualifications were revised by the NCTE through
a Gazette Notification issued 11 months later, on 29.07.2011, stating the
minimum qualifications to be as follows:-
1. Minimum Qualifications :-
(i) Classes I V
(a) Senior Secondary (or its equivalent) with at least 50% marks and 2 year
Diploma in Elementary Education (by whatever name known)
OR
Senior Secondary (or its equivalent) with at least 45% marks and 2-year
Diploma in Elementary Education (by whatever name known), in accordance
with the NCTE (Recognition Norms and Procedure), Regulations, 2002.
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4-year
Bachelor of Elementary Education (B.El.Ed.)
OR
Senior Secondary(or its equivalent) with at least 50% marks and 2-year
Diploma in Education (Special Education)
OR
Graduation and two year Diploma in Elementary (by whatever name known)
AND
(b) Pass in the Teacher Eligibility Test (TET), to be conducted by the
appropriate Government in accordance with the Guidelines framed by the NCTE
for the purpose.
(II) Sub-para (ii) of para 1 of the principal Notification shall be
substituted, namely :
1 (ii) Classes VI VIII
(a) Graduation and 2 - year Diploma in Elementary Education (by whatever
name known)
OR
Graduation with at least 50% marks and 1 year Bachelor in Education (B.Ed.)
OR
Graduation with at least 45% marks and 1 year Bachelor in Education
(B.Ed.), in accordance with the NCTE (Recognition Norms and Procedure)
Regulations issued from time to time in this regard.
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4 year
Bachelor in Elementary Education (B.El.Ed.)
OR
Senior Secondary (or its equivalent) with at least 50% marks and 4-year
B.A./ B.Sc.Ed. or B.A. Ed./ B.Sc.Ed.
OR
Graduation with at least 50% marks and 1 year B.Ed. (Special Education)
AND
(b) Pass in Teacher Eligibility Test (TET), to be conducted by the
appropriate Government in accordance with the Guidelines framed by the NCTE
for the purpose.
(III) Para 3 of the principal Notification shall be substituted namely:-
(i) Training to be undergone A person -
(a) with Graduation with at least 50% marks and B.Ed. qualification or with
at least 45% marks and 1-year Bachelor in Education (B.Ed.), in accordance
with the NCTE (Recognition Norms and Procedure) Regulations issued from
time to time in this regard, shall also be eligible for appointment to
Class I to V upto 1st January, 2012, provided he/she undergoes, after
appointment, an NCTE recognized 6-month Special programme in Elementary
Education ;
(b) with D.Ed. (Special Education) or B.Ed. (Special Education)
qualification shall undergo, after appointment an NCTE recognized 6-month
Special programme in Elementary Education .
9. The whole purpose of the NCTE being appointed as the academic authority
to lay down the minimum qualifications for a person to be eligible for
appointment as a Teacher, and for allowing it to prescribe those
qualifications, and to supervise the conduct of the CTET, through the
Central Board of Secondary Education (CBSE, in short), was that the
implementation of Right of Children to Free and Compulsory Education (RTE)
Act, 2009, required the sudden and immediate recruitment of a large number
of teachers across the country in a time bound manner, in unforeseen
numbers, and still it was essential to ensure that the quality requirement
for recruitment of teachers is not diluted at any cost. It was also
necessary to ensure that the persons recruited as Teachers possessed the
essential aptitude and ability to meet the challenges of teaching at the
Primary (I-V classes) and Upper Primary (VI-VIII classes) levels. For the
conduct of the CTET, the Rules filed at Annexure A-6 in OA No.920/2012 were
notified, called as the Central Teacher Eligibility Test Rules, 2011 , for
governing the test to be conducted on 26.06.2011.
10. The case of the applicants is that when the respondent KVS had issued
its Advertisement for Recruitment for the posts of TGTs, PRTs and
Miscellaneous Teaching Posts for the year 2011-12 through Annexure A-2, the
Gazette Notification dated 23.08.2010 laying down the minimum
qualifications for Teachers to teach primary classes I-V and Upper Primary
Classes VI-VIII had already been Gazette notified, which the KVS was fully
aware of. However, in their detailed 12 page Advertisement as published in
the Employment News dated 30.10.2010, as cited and described above, and in
particular in Para-8 Mode of Selection and Scheme of Examination , no
reference whatsoever was made by the KVS to either NCTE or to the CTET,
even though the Gazette Notification dated 23.08.2010 was already in place
in this regard, before the issuance of the KVS Advertisement. When the
respondent KVS woke up to this, through their
letter dated 20.04.2011,
after the Preliminary Examination/Screening Test held by the respondent KVS
on 12.02.2011 had already been conducted as per Para-8 (i) cited above, the
respondent KVS issued a similarly worded letter to all the candidates who
had qualified in the Preliminary Screening Test Examination stating as
follows:-
Dear Candidates,
With reference to your application for the post of TGT/Primary Teacher in
the KVS, you are hereby informed that you have qualified the screening test
held on 12th February, 2011. Now, as per the provisions of sub-section (i)
of Section 23 of the RTE Act, the Govt. of India vide Notification dated
23rd August, 2010 has laid down the minimum qualification for a person to
be eligible for appointment as a teacher to teach classes I to VII.
According to the said Notification, for appointment as a teacher the
candidate should pass the Central Teacher Eligibility Test (CTET), which
will be conducted by appropriate Government in accordance with the
guidelines framed by the National Council for Teacher Education (NCTE).
The Govt. of India has entrusted the responsibility of conducting the
Central Teacher Eligibility Test(CTET) to the Central Board of Secondary
Education (CBSE) which will be applicable to the KVS also.
You are, therefore, required to apply & qualify the Central Teacher
Eligibility Test (CTET) scheduled to be held on 26th June, 2011 as per the
terms and conditions of the Central Board of Secondary Education published
in the Newspaper dated 08th April, 2011 to become eligible for the main
examination being conducted by the KVS for the said post.
You are, further, advised to submit a copy of your marks sheet of CTET
along with your Roll No. allotted to you for appearing in the Preliminary
Examination and Post applied for to The Deputy Commissioner (Admn.),
Kendriya Vidyalaya Sangathan, 18 Institutional Area, Shaheed Jeet Singh
Marg, New Delhi-110016 by Registered/Speed Post within 15 days of the
declaration of CTET result so that you may be considered for
Main
Examination .
(Emphasis in para-3 above supplied)
11. This letter had been issued by the respondent KVS after having
deferred the conduct of the Main Examination, which had been already
notified to be scheduled on 09.04.2011, as per Para-9 (b) of the
Recruitment Notification. The case of the applicants is that as per the
provisions of the RTE Act, 2009, the CTET to be conducted on 26.6.2011 was
only a mandatory requirement as per the appropriate law, and the
subordinate Legislation issued thereunder, and was to be considered only as
a test of eligibility for appointment as a Teacher to teach Primary Classes
(I-V) or Upper Primary Classes (VI-VIII), and could not have been
considered as a replacement for the Main Examination already notified to be
conducted by the respondent-KVS through Para-8 (ii) of their Recruitment
Notification.
12. The further case of the applicants is that since the process of
recruitment had already been set in motion by respondent KVS, by the
conduct of the Preliminary Examination/Screening Test of 12.02.2011,
thereafter the remaining process of conduct of the Main Examination, and
the conduct of the Interview Test thereafter by the KVS, as per the
Recruitment Notification already issued, could not have been dispensed with
by the respondent-KVS. The applicants have no objection with the
respondent-KVS having prescribed an additional statutory requirement of
qualifying the CTET, which was conducted on 26.06.2011, and which
apparently all the applicants have passed, as they accept it as an
additional statutory requirement. However, they are aggrieved that while
they have on their part shown their willingness to fulfil the additional
statutory requirement of appearing at the CTET and qualifying the same, the
respondents have changed the Rules of the game in between the process of
selection in the Scheme of Examination as already notified and already set
in motion, by cancelling the Main Examination scheduled to be conducted by
them, and notifying through the impugned notice
dated 28.02.2012 that the
interviews will now be conducted by the KVS only on the basis of the marks
obtained by the candidates in the CTET held on 26.06.2011, with arbitrary
cut off marks being decided for TGTs in different subjects.
13. Heard the cases in detail. It was pointed out by the learned counsels
for the applicants that under the CTET Rules, under Rule 5.1 dealing with
Minimum Qualifications for teaching the Primary Classes (I-V), passing the
CTET with 50% or 45% marks has been prescribed, along with relaxation of 5%
qualifying marks for SC/ST and differently abled candidates, and
similarly the minimum qualification for qualifying CTET to become a teacher
for Upper Primary Classes (VI-VIII) is also only passing, with at least 50%
or 45% of marks, as prescribed under Rule-5.2, with 5% relaxation in
qualifying marks for SC/ST and differently abled candidates. It is the
case of the applicants that there is no concept in the CTET Rules, 2011,
for marks above 50% obtained by any candidate to be considered for any
purposes whatsoever, as the only requirement for passing the CTET is
appearing at the examination, and qualifying it with 50%/45% of marks as
prescribed. Therefore, the submission of the applicants is that the
respondent KVS was at fault in prescribing different cut off marks obtained
on the basis of the CTET conducted by the CBSE for recruitment as TGTs for
different subjects, which could not have been the basis for recruitment of
teachers for KVS.
14. One very relevant point was mentioned by the learned counsel of
OA-620/2012 while arguing the case that in the Scheme of CTET, Mathematics
and Science Teachers have been combined in a single category for the
conduct of the CTET Examination. It was pointed out that this is entirely
in conflict with the essential qualifications as prescribed in Para-2(a) of
the Recruitment Advertisement published by the respondent KVS, as per the
Table reproduced in para-4/above, in which, for TGT Science posts the
knowledge of subjects of Chemistry, Botany and
