बगैर जूनियर टेट पास किये सर्विस में बने रहेंगे ,इंक्रीमेंट वगैरह मिलते रहेंगे , लेकिन- प्रोमोशन के लिए उपयुक्त टेट ( जूनियर टेट ) पास करना जरुरी है
6.A reading of the above judgment would make it clear that any appointment made to Graduate Teacher / B.T. Assistant prior to 29.07.2011 shall continue in service and also receive increments and incentives, even if they do not possess/acquire a pass in TET. At the same time, for future promotional prospects like promotion from secondary grade teacher to B.T. Assistant as well as for promotion to Headmasters, etc., irrespective of their dates of original appointment, they must necessarily possess TET, failing which they will not be eligible for promotion
Madras High Court
T.Chitra Devi vs The Director Of School Education on 7 February, 2024
Author: R. Mahadevan
Bench: R. Mahadevan, Mohammed Shaffiq
W.A.No.392 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 07.02.2024
CORAM
THE HON'BLE Mr. JUSTICE R. MAHADEVAN
AND
THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ
W.A.No.392 of 2024
AND
C.M.P.No.2643 of 2024
T.Chitra Devi .. Appellant
Vs.
1.The Director of School Education
DPI Campus, College Road
Chennai 600 006
2.The Chief Educational Officer
Kancheepuram District
Kancheepuram
3.The District Educational Officer
St. Thomas Mount, Chrompet
Kancheepuram District
4.The Secretary
Jaigopal Garodia National Higher Secondary School
East Tambaram
Chennai 600 059
5.Teachers Recruitment Board
Rep. by its Chairman
College Road, Nungambakkam
Chennai 600 006
https://www.mhc.tn.gov.in/judis
1/9
W.A.No.392 of 2024
6.Union of India
Rep. by its Secretary to Government
Department of School Educational and Literacy
Ministry of Human Resource development
217-C, Shastri Bhawan
New Delhi 110 001
7.National Council for Teacher Education (NCTE)
Rep. by its Member Secretary
G-7, Sector-10, Dwaraka
New Delhi 110 075 .. Respondents
Writ appeal filed under Clause 15 of the Letters Patent against the order
dated 29.04.2022 passed in W.P.No.34653 of 2019.
For Appellant : Mr.S.Neduchezhiyan
For Respondents : Mrs.Mythreye Chandru
Special Government Pleader (Education)
JUDGMENT
(Judgment of the court was delivered by R. MAHADEVAN, J.) This writ appeal arises out of the order dated 29.04.2022 passed by the learned Judge in W.P.No.34653 of 2019.
2.The aforesaid writ petition was preferred by the appellant herein, praying for a writ of mandamus, forbearing the respondents from insisting passing of Teacher Eligibility Test (TET) for her appointment as B.T. Assistant (English) in the fourth respondent school on 15.06.2011 prior to issuance of https://www.mhc.tn.gov.in/judis 2/9 W.A.No.392 of 2024 G.O.Ms.No.181, School Education Department, dated 15.11.2011 and consequently direct the respondents to continue to make payment of salary including annual increment, incentive and other service benefits.
3.It was the case of the appellant before the writ court that the fourth respondent school is a Government aided private school and she was appointed as B.T. Assistant (English) vide order dated 31.05.2011 and she joined duty in the 4th respondent School on 15.06.2011 against the sanctioned vacancy. While so, she was not paid any annual increment right from the date of her appointment and also not sanctioned incentive increment for her higher qualification. That apart, from August 2019, the 4th respondent had stopped the payment of salary to the appellant on the premise that she has to pass Teachers Eligibility Test (“TET” in short). According to the appellant, TET cannot be insisted in respect of appointments already made prior to issuance of G.O.Ms.No.181, School Education Department dated 15.11.2011, and therefore, insisting upon passing of TET for paying salary and other benefits to the appellant is totally arbitrary and unreasonable.
4.Referring to the constitutional validity of the Right of Children to Free and Compulsory Education Act, 2009 (“RTE Act” in short), Notification of the https://www.mhc.tn.gov.in/judis 3/9 W.A.No.392 of 2024 Government of India dated 31.03.2010 issued under Section 23(1) of the RTE Act and the Guidelines framed by the National Council for Teacher Education, the Writ Court held that accepting the recommendation and the Notification issued by the NCTE, the Government of Tamil Nadu have issued G.O.Ms.No.181 dated 15.11.2011, which makes it very clear that TET shall be conducted by the Teachers Recruitment Board in accordance with the guidelines framed by NCTE and that, it has been stated in the G.O. that teachers appointed prior to the G.O. will be given five years time to acquire the minimum qualification. Accordingly, the learned Judge dismissed the writ petition, by order dated 29.04.2022, which is impugned herein, at the instance of the writ petitioner.
5.Today, when the matter was taken up for consideration, the learned counsel appearing for both sides, in union, submitted that the issue involved herein is covered by a common judgment passed by the very same Bench earlier in The Director of School Education D.P.I. Campus, College Road, Chennai vs. M. Velayutham (W.A.No.313 of 2022 etc., batch decided on 02.06.2023). The key issues for determination and also the resultant portion of the said judgment, read as under:
https://www.mhc.tn.gov.in/judis 4/9 W.A.No.392 of 2024 "1.The key issues that arise for determination in these batch of writ appeals and writ petitions are: (i) whether passing of the Teacher Eligibility Test (TET) is mandatory for promotion to the post of B.T. Assistant/Graduate Teacher, from the cadre of Secondary Grade Teacher (already in service). (ii) whether non-possession/non-acquisition of a pass in TET by a teacher appointed prior to 29.07.2011 would affect his/her continuance in service and drawal of increment, without seeking for further promotion to the post of BT Assistant/Graduate Teacher."
WHETHER TET IS A NECESSARY MANDATE FOR TEACHERS APPOINTED IN MINORITY SCHOOLS 71.1. A perusal of the orders impugned in the writ petitions leading to these writ appeals would indicate that the fact that the teachers, in respect of whom approval of appointment was sought for by the school, did not possess TET pass eligibility was not a ground for refusal for grant of appointment approval, nor was it an issue raised before the learned Single Judge at the time of disposal of the writ petitions. Only in the writ appeals, the State Government has raised an additional ground that the teachers whose appointment approval was sought for, did not possess TET. Notwithstanding the same, it is hereby clarified that by virtue of the judgment of the Constitution Bench of the Hon'ble Supreme Court in Pramati Educational and Cultural Trust & Ors. v. Union of India, [(2014) 8 SCC 1], wherein, it was held that the RTI Act, 2009 insofar as it applies to minority schools, aided or unaided, covered under Article 30(1) is ultravires the Constitution, meaning thereby that the 2009 Act will not apply to minority schools, the eligibility of TET pass as required for appointment of teachers in non-minority schools, will not apply to minority schools. In other words, the approval of appointment of teachers in minority schools, both aided and unaided, cannot be refused or rejected on the ground that they do not possess a pass in TET. Further, this specific issue is also pending consideration before the Supreme Court and the law laid down by the Supreme Court in Pramati Educational and Cultural Trust, cited supra, holds the filed as on today. For these reasons, the order of the Learned Judge in the writ petitions is affirmed and the above four writ appeals are dismissed.
"74. For the sake of clarity and ease of reference, the upshot of the above discussion is as under: (a)Any teacher appointed as Secondary Grade Teacher or Graduate Teacher/BT Assistant prior to 29.07.2011 shall continue in service and also receive increments and incentives, even if they do not https://www.mhc.tn.gov.in/judis 5/9 W.A.No.392 of 2024 possess/acquire a pass in TET. At the same time, for future promotional prospects like promotion from secondary grade teacher to B.T. Assistant as well as for promotion to Headmasters, etc., irrespective of their dates of original appointment, they must necessarily possess TET, failing which they will not be eligible for promotion. (b)Any appointment made to the post of Secondary Grade Teacher after 29.07.2011 must necessarily possess TET. (c)Any appointment made to Graduate Teacher/BT Assistant, after 29.07.2011, whether by direct recruitment or promotion from the post of Secondary Grade Teacher, or transfer, must necessarily possess TET. The principles laid down in this judgment will not have application to minority schools both aided and unaided as explained in paragraph no.71.1. (d)The Special Rules for the Tamil Nadu School Educational Subordinate Service issued in GO (Ms.) No.13 School Education (S.E3(1)) Department dated 30.01.2020 insofar as it prescribes “a pass in Teacher Eligibility Test (TET)” only for direct recruitment for the post of BT Assistant and not for promotion thereto in Annexure-I (referred to in Rule 6) is struck down, thereby meaning that TET is mandatory/essential eligibility criterion for appointment to the post of BT Assistant even by promotion from Secondary Grade Teachers. (e)The language employed in G.O. (Ms) No. 181 dated 15.11.2011 is to be read and understood to the effect that for continuance in service without promotional prospects, TET is not mandatory."
6.A reading of the above judgment would make it clear that any appointment made to Graduate Teacher / B.T. Assistant prior to 29.07.2011 shall continue in service and also receive increments and incentives, even if they do not possess/acquire a pass in TET. At the same time, for future promotional prospects like promotion from secondary grade teacher to B.T. Assistant as well as for promotion to Headmasters, etc., irrespective of their dates of original appointment, they must necessarily possess TET, failing which they will not be eligible for promotion.
https://www.mhc.tn.gov.in/judis 6/9 W.A.No.392 of 2024
7.Applying the aforesaid ratio to the facts of the present case, wherein, the appellant / writ petitioner joined as B.T. Assistant on 15.06.2011 in the fourth respondent school, this court is of the opinion that she is entitled for continuance of service with annual increments and incentives, without a pass in TET. However, for future promotional aspects, the appellant must necessarily possess TET. Therefore, the order of the learned Judge is set aside and the respondent authorities are directed to consider the claim of the appellant in the light of the directions issued in the aforesaid judgment dated 02.06.2023, and pass appropriate orders, as expeditiously as possible.
8.Accordingly, the writ appeal stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
[R.M.D, J.] [M.S.Q, J.]
07.02.2024
Neutral Citation : Yes/No
gya
To
1.The Director of School Education
DPI Campus, College Road
Chennai 600 006
2.The Chief Educational Officer
Kancheepuram District
Kancheepuram
https://www.mhc.tn.gov.in/judis
7/9
W.A.No.392 of 2024
3.The District Educational Officer
St. Thomas Mount, Chrompet
Kancheepuram District
4.The Secretary
Jaigopal Garodia National Higher Secondary School East Tambaram, Chennai 600 059
5.The Chairman Teachers Recruitment Board College Road, Nungambakkam Chennai 600 006
6.The Secretary to Government Union of India Department of School Educational and Literacy Ministry of Human Resource development 217-C, Shastri Bhawan New Delhi 110 001
7.The Member Secretary National Council for Teacher Education (NCTE) G-7, Sector-10, Dwaraka New Delhi 110 075 https://www.mhc.tn.gov.in/judis 8/9 W.A.No.392 of 2024 R. MAHADEVAN, J.
AND MOHAMMED SHAFFIQ, J.
--------------------
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 11.01.2022
PRONOUNCED ON : 10.03.2022
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.(MD)No.13498 of 2019
and
W.M.P.(MD)No.10028 of 2019
V.Venugopal ...Petitioner
/Vs./
1.The District Educational Officer,
Office of the District Educational Officer,
Sivagangai.
2.The Block Development Officer,
Thiruppuvanam,
Sivagangai District.
3.The Member Secretary,
National Council for Teacher Education (NCTE),
Hans Bhawan, Wing II,
1, Bahadur Shah Zafar Marg,
New Delhi – 110 002.
4.The Joint Secretary (SE-1),
Ministry of Human Resource Development (MHRD),
Department of School Education and Literacy,
Shastri Bhawan,
New Delhi – 110 001. ...Respondents
1/21
https://www.mhc.tn.gov.in/judis
(R3 & R4 are impleaded vide order of this Court dated 24.06.2019 in
WMP(MD)No.10565 of 2019)
PRAYER:- Writ Petition - filed under Article 226 of the Constitution of
India, praying for the issuance of a Writ of Mandamus directing the
respondents to promote the petitioner as B.T.Assistant (English) by
taking his qualification of passing T.E.T. paper - II and by considering
his representation dated 02.01.2019.
For Petitioner : Mr.J.Anandkumar
For R1 & R2 : Mr.A.K.Manikkam,
Special Government Pleader
For R4 : Mr.S.Jeyasingh
Central Government Standing Counsel
ORDER
A watershed event in the history of India took place on 23.08.2010 with the passing of the Right of Children to Free and Compulsory Education Act, 2009 (in short ‘RTE Act’). The Act recognised the fundamental right of children within the age group of 6 to 14 years to free and compulsory education and by teachers who possessed and/or acquired the necessary qualifications to be able to instruct them in an appropriate and wholesome manner.
2/21 https://www.mhc.tn.gov.in/judis
2. Section 23 of the Act which came into force on and from 01.04.2010, reads as follows:
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, authorised 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 sub-section (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, teachers shall be such as may be prescribed.
3.A Notification came to be issued by the National Council for Teachers Education (in short ‘NCTE’) which was constituted as the nodal body for implementation of the Act in F.No.61-03/20/2010/NCTE. (N&S) dated 23.08.2010 (in short ‘2010 Notification’).
4.The 2010 Notification stipulated minimum qualifications for eligibility for appointment as a teacher in classes 1 to 8 that’s are as follows:
3/21
https://www.mhc.tn.gov.in/judis ‘1. Minimum Qualifications:-
(i) Classes I-V
(a) Senior Secondary (or its equivalent) with at least 45%
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 for its equivalent with at least 50% marks and 2 – year Diploma in Education (Special Education) 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) 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 4/21 https://www.mhc.tn.gov.in/judis 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 Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.’
5.Clauses 2 & 3 provide respectively that only a Diploma/Degree holder in Teachers’ education as recognised by the NCTE shall be considered for appointment making an exception in the subject of special education to say that a course recognised by the Rehabilitation Council of India (RCI) shall be taken as equivalent to a Diploma in Education (Special Education) or a B.Ed., (Special Education).
6.Clause 3 stipulates the training to be undergone by a candidate with B.Ed.,/B.sc., and the qualifications that she/he should possess for eligibility as follows:
3. Training to be undergone – A person – (a) with BA.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, 2019, provided he undergoes, after appointment, an NCTE recognized 6-month programme in Elementary Education. 5/21
https://www.mhc.tn.gov.in/judis
7.Clause 4 deals with teachers who had been appointed prior to the date of the Notification and is a saving Clause, in a way, reading as follows:
“4 Teacher appointed before the date of this Notification. - The following categories of teachers appointed for .classes I to VIII prior to date of this Notification need not acquire the minimum qualifications specified in Para (1) above: (a) A teacher appointed on or after the-3" September, 2001 i.e. the date on which the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time) came into force, in accordance with that Regulation.
Provided that a teacher of class I to V possessing B. Ed qualification, or a teacher possessing B. Ed (Special Education) or D. Ed (Special Education) qualification shall undergo an NCTE recognized 6 - month special programme on elementary education.
(b) A teacher of class 1to V with B. Ed qualification who has completed a 6-month Special basic Teacher Course. (Special BTC) approved by the NCTE;
(c) A teacher appointed before the 3" September, 2001, in accordance with the prevalent Recruitment Rules.”
8.Clause 5 deals with a situation where a Government/Local Authority/Schools had initiated the process of appointment of teachers prior to the date of the Notification and permits such appointments to be made in accordance with the NCTE Regulations that were in vogue at that relevant point in time.
6/21 https://www.mhc.tn.gov.in/judis
9.Thus, to my mind, the sum and substance of the 2010 Notification is that a Teachers Eligibility Test (TET) as a mandate, stands imposed upon fresh appointments to be initiated and made after 23.08.2010, and appointments that had been either made prior to 23.08.2010 or in respect of which the process had been initiated prior to 23.08.2010 would not be disturbed/would not be visited with the changed qualifications that had been imposed under the 2010 Notification.
10.The Government of Tamil Nadu issued G.O. Ms. No.181 School Education (C2) Department dated 15.11.2011 making the TET compulsory and the relevant portions of the G.O read as follows:
ABSTRACT School Education - The Right of Children to Free and compulsory Education Act(RTE)-2009 conducting of Teacher Eligibility Test(TET) - Orders - Issued.
School Education (C2) Department
G.O.Ms No.181 Dated:
15.11.2011
Read:
1. G.O.Ms.No.220, School Education(S2)Departnnent Dated: 10.11.2008. 2. Governnnent Letter No.15152/C2/2006-9, Dated: 9.10.2006. 3. Fronn the National Council for Teacher Education, New Delhi, Letter No.76-4/2010/NCTE/Acad, Dated 11.2.2011 ORDER: The Right of Children to Free and Compulsory Education Act, 2009 was enacted by the Parliament in 2009 to provide for free and compulsory education to all children of the age of 6-14 years. The Act 7/21 https://www.mhc.tn.gov.in/judis was published in the Gazette of India on 27th August 2009. Subsequently, the said Act was republished by the Government of Tamil Nadu in the Tamil Nadu Government Gazette on 24th February 2010. The said Act came into force with effect from 1st April 2010. 2. As per sub-section (1) of section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (RTE) the National Council for Teacher Education (NCTE) has been appointed as the Academic Authority by Government of India. The said Academic Authority has indicated to all the States that the teachers to be recruited in future for the elementary segment should have passed the "Teacher Eligibility Test"(TET) to be conducted by the appropriate Government in accordance with the guidelines framed by the National Council for Teacher Education for the purpose. 3. The said section clearly specifies that teachers who at the commencement of this Act, do not possess minimum qualifications as prescribed by the Academic Authority authorized by the Central Government shall acquire - 2 - such minimum qualifications within a period of 5 years. Hence, the "Teacher Eligibility Test (TET)" would have to be conducted for recruiting teachers for the primary and upper primary classes. The teachers working in unaided private schools are required to pass Teacher Eligibility Test within 5 years. In the State of Tamil Nadu, Secondary Grade Teachers (those teaching classes I to V) are required to have minimum qualifications of D.T.Ed. and Graduate Assistants (BT Assistant) (those teaching classes VI to VIII) are required to have minimum qualification of B.Ed. They should also pass Teacher Eligibility Test forthwith.
4. However, with the passing of the RTE Act, it is now mandatory for all the State Governments to recruit Secondary Grade and BT teachers only by conducting a Teacher Eligibility Test. 5. In the G.O. 1st read above, orders have been issued as directed by the Hon’ble Supreme Court of India on 20.8.2008 in SLP (c) No. 18227 - 18228/2008 that the State Government should followed the State wide seniority in employment registration while appointing Secondary Grade Teachers by calling for the list of eligible persons from all the District Employment Exchanges and by newspaper Public Advertisements throughout the State. The Supreme Court has further directed that the aforesaid arrangement will apply for any recruitment to be made pending disposal of these appeals. 6. In the Government letter 2"'* read above, the Government 8/21 https://www.mhc.tn.gov.in/judis changed the recruitment policy in 2006-07 for recruiting Graduate Assistants, from written examination to State wide registration seniority in Employment Exchange. 7. The Government carefully examined on the lines of the orders of Supreme Court of India in SLP(c) No.18227- 18228 dated 20.8.2008 and National Council for Teacher Education guidelines and issue the following orders in respect of change of policy for recruitment of Secondary Grade and B.T Teachers.
i. In respect of Secondary Grade Teachers, the statewide seniority in Employment Exchange Registration will continue to be followed till the disposal of the SLP filed in the Supreme Court of India.
ii. In respect of Graduate Assistants (B.T.Teachers recruited by TRB for the Classes VI to X) in all middle schools, High/Higher Secondary Schools, selection through written examinations ("Teacher Eligibility Test” ) in accordance with the guidelines framed by National Council for Teacher Education and certificate verification, will be followed.
iii The Teachers Recruitment Board is designate as the Nodal Agency for conducting of Teacher Eligibility Test and recruitment of Teachers.
8. Guidelines for conducting Teacher Eligibility Test is enclosed in the Annexure to the Government Order.
//By Order of Governor//
(emphasis by underlining
supplied)
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