TET SARKARI NAUKRI News - SUPREME COURT ON TET TEACHER MATTER ISSUE FOR RAJASTHAN TEACHER SELECTION - JUDGEMENT PART -3

TET SARKARI NAUKRI   News   -
SUPREME COURT ON TET TEACHER MATTER ISSUE FOR RAJASTHAN TEACHER SELECTION - JUDGEMENT PART -3

The notification dated 23rd August, 2010 is quoted below:-

“NATIONAL COUNCIL FOR TEACHER EDUCATION

NOTIFICATION

New Delhi, the 23rd August, 2010

F.No.61-03/20/2010/NCTE/(N&S).- 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 (35 of 2009), and in pursuance of Notification No.S.O.750(E) dated 31st March, 2010 issued by the Department of School Education and Literacy, Ministry of Human Resource Development, Government of India, the National Council for Teacher Education (NCTE) hereby lays down the following minimum qualifications for a person to be eligible for appointment as a teacher in Class I to VIII in a school referred to in clause (n) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009, with effect from the date of this Notification:-

1. Minimum Qualifications.-

(i) Classes I-V

(a) Senior Secondary (or its equivalent) with atleast 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 atleast  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 atleast 50% marks and 1-year Bachelor in Education (B.Ed.)

OR

B.A./B.Sc. With atleast 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./BSc.Ed.

OR

BA/B.Sc. With at least 50% marks and 1-year B.Ed. (Special Education).

AND

(b) Pass in the Teacher Eligibility Test 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 BA./B.Sc. With atleast 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.

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 (i) above.

(a) A teacher appointed on or after the 3^rd 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 I to 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 3rd September, 2001, in accordance with the prevalent Recruitment Rules.

5. Teacher appointed after the date of this Notification in certain cases.- Where an appropriate Government or local authority or a school has issued an advertisement to initiate the process of appointment of teachers prior to the date of this Notification, such appointments may be made in accordance with the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 (as amended from time to time).

HASIB AHMAD, Member Secy.”

It is stated by the learned counsel appearing on behalf of the NCTE that prior to 27.9.2007, NCTE has not prescribed qualifying marks in B.A., B.Com. B.Sc. or Senior Secondary etc. By way of the said Notification dated 27.9.2007, the eligibility criteria was prescribed to the effect that candidates with atleast 45% marks either in the Bachelor's Degree and/or in the Master's degree or any other qualification equivalent thereto, were eligible for admission to the programme of B.Ed. etc. The reservation for SC/ST/OBC and other categories were provided as per the Rules of the Central Government/State Government, whichever was applicable.

Relaxation of 5% marks was provided in favour of SC/ST/OBC and other categories of candidates. The eligibility criteria laid down in the Notification dated 27.9.2007 is quoted below:-

“3.2 Eligibility

3.2.1 Candidates with atleast 45% marks either in the Bachelor's Degree and/or in the Master's degree or any other qualification equivalent thereto, are eligible for admission to the programme.

3.2.2 The reservation for SC/ST/OBC and other categories shall be as per the rules of the Central Government/State Government, whichever is applicable. There shall be relaxation of 5% marks in favour of SC/ST/OBC and other categories of candidates.”

In the Notification dated 31.8.2009, the eligibility criteria laid down was to the effect that candidates with atleast 50% marks either in the Bachelor's Degree and/or in the Master's degree or any other qualification equivalent thereto, were eligible for admission to the programme. Para 3(2) prescribing eligibility is quoted below:-

“3(2) Eligibility

(a) Candidate with atleast fifty percent marks either in the Bachelor's Degree and/or in the Master's degree or any other qualification equivalent thereto, are eligible for admission to the programme.

(b) The reservation in seats and relaxation in the qualifying marks in favour of the reserved categories shall be as per the rules of the concerned Government.”

It is apparent from the above that 50% marks were required either in Bachelor's Degree and/or Master Degree or any other qualification equivalent thereto with effect from 31.8.2009. Earlier 45% marks wererequired in Bachelor's Degree or Master Degree or any other qualification equivalent thereto w.e.f. 27.9.2007. The said criteria as stated by learned counsel appearing on behalf of the NCTE on being instructed by Regional Director, shall not be insisted in case admission has been taken by the incumbent in the requisite courses specified in para 1 of the notification dated 23.8.2010, prior to the aforesaid dates. It is apparent that incumbents having 45% marks either in the Bachelor's Degree or in the Master's degree or any other qualification equivalent thereto, were eligible for admission with effect from 27.9.2007 and 50% marks with effect from 31.8.2009. The said criteria shall not be applicable to an incumbent who has obtained admission earlier in the requisite courses prior to aforesaid dates.

It is submitted by the learned counsel for the petitioners that the Notification dated 23.8.2010 is illegal, arbitrary and ultra vires being wholly unnecessary and repugnant to the Service Rules of the State. In our opinion, the said notification cannot be said to be illegal or ultra vires the Constitution.

It has been issued as per mandate of Section 23(1) of the Act of 2009 which enables the NCTE being academic authority authorized by Central Government by notification to prescribe minimum qualifications. The Notification has been issued with the objective to provide efficient education at the primary and upper primary level. The Act of 2009 has been enacted to provide for free and compulsory education to all children of the age of six to fourteen years. Over the years there has been significant spatial and numerical expansion of elementary schools in the country, yet the goal of universal elementary education continues to elude us. The number of children, particularly children from disadvantaged groups and weaker sections, who drop out of school before completing elementary education, remains very large. Moreover, the quality of learning achievement is not always entirely satisfactory even in the case of children who complete elementary education. The Act of 2009 seeks to provide that every child has a right to be provided full time elementary education of satisfactory and equitable quality in a formal school which satisfies certain essential norms and standards. It provides compulsory education, free education, duties and responsibilities of the appropriate Government, local authorities, parents, schools and teachers in providing free and compulsory education and a system for protection of the right of children and decentralized grievance redressal mechanism. The legislation is anchored in the belief that the values of equality, social justice and democracy and the creation of a just and humane society can be achieved only through provision of inclusive elementary education to all. The implementation of the Act of 2009 requires recruitment of large number of teachers and it is desirable to ensure that quality requirement for recruitment of teachers are not diluted at any cost and thus, 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. Considering the provisions of the Act of 2009, aims and objects of the Act of 2009 and the purpose for which minimum qualifications have been prescribed vide Notification dated 23rd August, 2010, we find that prescription of minimum qualifications is with the objective to ensure providing of quality education at primary and upper primary level. In the present scenario, there is high competition and deterioration in the standard of education, mashroom growth of institutions without requisite infrastructure and keeping this aspect in mind, it has been considered appropriate to ensure that the children, who are future of the Nation, are efficiently taught by the qualified incumbents and for that if TET was prescribed, such prescription cannot be said to be illegal or arbitrary or impermissible at all, rather it would bring national standards and benchmark of teacher quality in the recruitment process, it would induce teacher education institutions and students from these institutions to further improve their performance standards and it would convey positive message to all stakeholders that the Government lays special emphasis on teacher quality and ultimately, by recruiting highly qualified teachers, children would be benefited. It is also permissible to lay down certain qualifications for appearing in the TET. However, as agreed by learned counsel for the NCTE, the NCTE is not going to wipe off the qualification obtained by taking admission prior to 27.9.2007 and 31.8.2009. As per the concession provided by the NCTE, it cannot be said that there is wiping out of the qualification with retrospective effect when such standards were not prescribed.

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