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Monday, March 9, 2015

TET SARKARI NAUKRI News - SUPREME COURT ON TET TEACHER MATTER ISSUE FOR RAJASTHAN TEACHER SELECTION - JUDGEMENT - HIGHLIGHT OF DECISION >>>

TET SARKARI NAUKRI   News   -
SUPREME COURT ON TET TEACHER MATTER ISSUE FOR RAJASTHAN TEACHER SELECTION - JUDGEMENT - HIGHLIGHT OF DECISION >>>

DECISION WAS ANNOUNCED ON 20TH MAY 2011 >>>>


GRADUATION / MASTERS DEGREE MEIN 45% MARKS VAALON KO BHEE CHOOT MILEE HAI TET KARNE KE LIYE, AGAR UNHONE ADMISSION NCTE KE NOTIFICATION KE AANE SE PEHLE AUR USKE QUALIFICATION KE ANUROOP LIYA HAI







QUESTIONS ARISES >>>>



“(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?”


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IMPORTANT POINTS CONSIDERED >>>


(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

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NCTE KO KENDRA SARKAR /RTE ACT DWARA QUALIFICATION TAY KARNE KE LIYE ADHIKRAT KIYAA GAYAA HAI >>>


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.

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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 3rd 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.


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RTE ACT KE AANE SE PEHLE NCTE REGULATION 2001 FOLLOW KIYA JAYEGAA >>



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).


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2009 KE NOTIFICATION MEIN GRADUATE WITH 50% MARKS QUALIFICATION PRESCRIBE KEE GAYEE HAI  >>>


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.
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27TH  SEPTEMBER KE NOTIFICATION MEIN BACHELOR DEGREE YA FIR MASTERS DEGREE MEIN 45% MARKS KI QUALIFICATION PRESCRIBED KEE GAYEE HAI


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
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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


, 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 al

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open to the NCTE to lay down such qualifications and they cannot be circumvented by the petitioners in the manner they have suggested. They are bound by the qualifications prescribed in the notification dated 23.8.2010. Only in case they had obtained admission in the requisite course prior to 27.9.2007 or 31.8.2009 as the case may be, without violating the norms of NCTE, they can be permitted to appear in the TET not otherwise. In case they have not taken admission in the requisite course prior to 27.9.2007 or 31.8.2009 and they were not having minimum percentage and qualifications as prescribed vide notifications dated 27.9.2007 or 31.8.2009 even though such qualifications were not applicable in Jammu and Kashmir
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The learned counsel for the petitioners have relied upon the decision of Allahabad High Court in Kanhiya Lal V/s State of UP and ors. (decided on 5th January, 2010) in which Allahabad High Court has observed that there was valid reason for not treating incumbents obtaining degree from Jammu & Kashmir eligible for admission for Special B.T.C. Course. If the Government decides that such educational qualification, which fulfil the minimum standard set by NCTE would be valid qualification for admission in Special B.T.C. the decision of the Government cannot be treated to be per se illegal as the Bar created in NCTE Act admittedly applies to the State of UP.
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UP GOVT NE D ED KO BTC KE EQUIVALAENTIN NAHIN MANA THAA,
SUPREME COURT NE KAHA KI YE RAJYA KA POLICY DECISION HAI.

SUPREME COURT TABHEE HASTAKSHEP KAR SKATEE HAI JAB KAHIN STATUTORY POLICY YA CONSTITUTIONAL PROVISION KA VIOLATION HO RAHA HO >>>>>



The respondent admittedly got appointment after the Circular dated 11.8.1997 and hence this circular applies to him. Admittedly, the respondent does not possess the qualification mentioned in the said circular. He does not either possess BTC, Hindustani Teaching Certificate, JCT or Certificate of Teaching. The DEd Certificate is no longer regarded as equivalent to BTC after the Circular dated 11.8.1997. This was a policy decision of the U.P. Government, and it is well settled that the court cannot interfere with policy decision of the Government unless it is in violation of some statutory or constitutional provision. Hence, we are of the opinion that the respondent was not entitled to be appointed as Assistant Master of a junior basic school in U.P.15. Grant of equivalence and/or revocation of equivalence is an administrative decision which is in the sole discretion of the authority concerned, and the court has nothing to do with such matters.
The matter of equivalence is decided by experts appointed by the Government, and the court does not have expertise in such matters. Hence, it should exercise judicial restraint and not interfere in it.”


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45% MARKS VS 50% MARKS IN GRADUATION KE MAMLE MEIN SUPREME COURT NE KAHA KEEE AGAR ADMISSION NOTIFICATION KI DATE SE PEHLE LIYA HO TAB AAPKO RAHAT MIL SAKTEE HAI  >>>




notifications dated 27.9.2007 and 31.8.2009. In case they obtained admission before the said dates in the requisite courses in Jammu & Kashmir, obviously their qualification would be recognized and they can stake their claim in the TET otherwise not.

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JO TEACHER  RTE ACT NOTIFICATION KE AANE SE PEHLE KAAM KAR RAHE HAIN, UNKE LIYE NCTE 1 MAHINE KE ANDAR BATAYE KI KISKO CHOOT MIL SAKTEE HAI AUR KISKO NAHIN >>>>>>>>>>>>

we direct the NCTE to specify in State of Rajasthan categories of Teachers, which are exempted as per para 4 of the said Notification. Let it be done within a period of one month




Coming to the submission raised by the petitioners that as they are already working as Teachers, they should be exempted from appearing in the TET. With respect to the aforesaid prayer, provision has been made in para 4 of the Notification dated 23rd August, 2010, which provides that categories of teachers mentioned in para 4(a) to (c) appointed for classes I to VIII prior to date of this Notification need not acquire the minimum qualifications specified in para (1) of the said Notification. Para 4(a) provides a teacher appointed on or after the 3rd 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. Para 4 (b) provides 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. Para 4(c) provides a teacher appointed before the 3rd September, 2001, in accordance with the prevalent Recruitment Rules. In case the petitioners fall in the aforesaid categories of teachers, obviously they are not supposed to undergo TET. Since there are various kind of teachers appointed under the Rules in Rajasthan, we direct the NCTE to specify in State of Rajasthan categories of Teachers, which are exempted as per para 4 of the said Notification. Let it be done within a period of one month.

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(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?




“Answer to question (A):-
The State Government has amended the Service Rules and even otherwise, in our opinion, as Notification dated 23rd August, 2010 was having statutory force of Section 23(1) of the Act of 2009, it was open to the NCTE to prescribe holding of TET even without amending the Service Rules. However, as already stated, Rajasthan Punchayati Raj Rules,1996 have been amended vide notification dated 11.5.2011. Thus, question (A) stands answered accordingly.

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RAJASTHAN PANCHAYTEE RAJ NE RTE ACT KO APPNA LIYAA, ISLEEYE KOEE SAMASYA NAIN HAI



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(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?



Answer to question (B):-
The question (B) has assumed academic significance as we have heard the matters and decided the same on merits by this common order.

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(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?



Answer to question (C)-
As to question (C), we are of the opinion that since Notification dated 23rd August, 2010 was issued under section 23(1) of the Act of 2009, therefore, it has statutory force. Apart from this, the State Government has amended the Service Rules. Even otherwise, it was open to the NCTE to prescribe conducting of TET. The notification dated 23.8.2010 cannot be said to be administrative instructions, it has legislative force. The prescription of eligibility qualifications has statutory force.

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 RTE ACT EK KANOONEE PRAVDHAN HAI NA KI KOEE PRSASHNIK 

NIRDESH. IS ACT ARTHAAT KANOON KA PAALAN KARNA HEE HAI



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(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?



Answer to question (D)-
The question (D) has been rendered unnecessary in view of the final decision being rendered by us. Apart from this, the question has assumed academic importance as the Service Rules has been amended prescribing conducting of TET.
Holding of TET is necessary for manning the teachers in the various schools at large. Thus, non-holding of TET would be detrimental to the public interest as primary and upper primary schools cannot be left without qualified teachers which is dependent upon holding of TET. Hence, holding of TET is necessary for the interest of the children.

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(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?”



Answer to question (E)
As already stated above, holding of TET is necessary for the recruitment to be made in the schools. Thus, there is no question of State Government withholding recruitment as after TET, recruitment is open to be made.
For the reasons stated above, the interim stay is vacated. The respondents are free to hold the TET examination. The prayer of the petitioners regarding inclusion of qualification of B.Com. in the group of qualification of graduation in the eligibility criteria has already been allowed. The respondents shall not insist on the 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, in case incumbents have obtained admission in the requisite courses such as B.A., B.Com., B.Sc., B.Ed., B.El.Ed, Senior Secondary etc. prior to prescription of the minimum qualifying marks by NCTE vide notifications dated 27.9.2007 and 31.8.2009. It is made clear that the incumbents, who have obtained the B.Ed. etc. before the minimum qualifications were prescribed vide notifications dated 27.9.2007 and 31.8.2009, shall be allowed to appear in the TET Examination. The incumbents, who have passed out B.Ed. Course from Jammu & Kashmir, have to be dealt with on similar yard sticks in case the qualification is otherwise recognized. Let NCTE specify categories of teachers under para 4 of Notification dated 23.8.2010. As prayed by NCTE, let amended notification be issued within one month covering aforesaid aspects.
With the aforesaid directions, the writ petitions stand disposed of accordingly. The stay applications also stand disposed.

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