Rajasthan High Court Bench Jodhpur Earlier Judgement on T.E.T.- 14 MAY, 2012 UPLOADED BY VIJAY KUMAR HEER

Rajasthan High Court Bench Jodhpur Earlier Judgement on T.E.T.- 14 MAY, 2012 UPLOADED BY VIJAY KUMAR HEER

****************

BY  IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

: O R D E R :

1. Devi Singh & Others Vs. State of Rajasthan & Others

(S.B. Civil Writ Petition No.1888/2012)

2. Rakesh Godara & Others

Vs.

State of Rajasthan & Others

(S.B. Civil Writ Petition No.1839/2012)

3. Jenendra Kumar Pareek & Others

Vs.

State of Rajasthan & Others

(S.B. Civil Writ Petition No.4366/2012)

4. Ram Lakhan Sharma & Others

Vs.

State of Rajasthan & Others

(S.B. Civil Writ Petition No.4483/2012)

DATE OF ORDER : May 14th, 2012.

P R E S E N T

HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS

____________________________________

Mr. P.S. Bhati, Mr. P.R. Mehta, Mr. H.S. Sidhu

And Mr. Kailash Jangid for the petitioners.

Mr. G.R. Punia, Sr. Advocate & Addl. Advocate General

with Mr. Mahendra Choudhary, Addl. Govt. Counsel.

Mr. Kuldeep Mathur for NCTE.

Mr. Rakesh Arora for the respondent Board.

BY THE COURT :

In all the above writ petitions common facts and question

of law is involved, therefore, these writ petitions are decided by

this common order. For the sake of convenience, the facts in

2

S.B. Civil Writ Petition No.1888/2012, Devi Singh & Others Vs.

State of Rajasthan & Others are taken into consideration for

discussion.

The petitioners are possessing qualification of graduation

with training course of B.Ed. and they are waiting for appearing

in the competitive test for recruitment on the posts of Teacher

(Grade-III) since 2006. Now, in the year 2012, advertisements

have been issued by the different Zila Parishads of all the

districts in the State whereby applications have been invited for

appointment on the posts of Teacher Grade-III. The main

prayer is that the respondents may be directed to allow the

petitioners to participate in the present selection process of

Teacher Grade-III subject to their performance in the RTET-

2012 and, in the alternative, the respondents may be directed to

conduct RTET-2012 prior to the recruitment of Teachers Grade-

III in the year 2012 under the advertisements dated 24.02.2012

issued by the various Zila Parishads of all the districts of the

State. It is also prayed that the advertisements of Teacher

Grade-III issued by the respondents may be quashed and set

aside or may be stayed till conducting RTET-2012; and, any

other relief which may be deemed fit by this Court may be

granted.

The main contention of the petitioners is that since 2006

no recruitment is made by the State, however, in the year 2009

the qualification for the post of Teacher Grade-III was changed

3

under the Right of Children to Free and Compulsory Education

Act, 2009. The National Council for Teachers Education was

authorized to lay down the qualifications; and, as per

qualification laid down by the National Council for Teachers’

Education (in short, NCTE hereinafter) a candidate for

recruitment on the post of Teacher Grade-III is required to

possess TET qualification in addition to his academic and training

qualification. The said eligibility is prescribed after amendment

in the Rules by the State Government.

Learned counsel for the petitioners submits that the

Central Government enacted the Right of Children to Free &

Compulsory Education Act, 2009 on 26.08.2009, in which, under

Section 23, it is provided that any person possessing such

minimum qualification as laid down by the Academic Authority

authorized by the Central Government by notification shall be

eligible for appointment as a Teacher. While exercising power

under Section 23(1) the Central Government issued notification

on 31.03.2010, by which, the Central Government authorized

the NCTE as the Academic Authority to lay down the minimum

qualification for a person to be eligible for appointment as

Teacher.

It is submitted by learned counsel for the petitioners that

after authorization under Section 23(1) of the Act of 2009 vide

notification dated 31.03.2010, the NCTE issued notification on

23.08.2010 whereby the qualification was prescribed in which, in

4

addition to academic qualification and training, another

qualification which is Teachers’ Eligibility Test, is inserted and, in

the notification, it is specifically provided that candidates should

pass the Teachers’ Eligibility Test (TET) to be conducted by the

appropriate Government in accordance with the Guidelines

framed by the NCTE for the purpose. After issuance of the

aforesaid notification, another notification was issued whereby

certain amendments were made in the qualification by the NCTE

on 29.07.2011 but the eligibility of passing TET remained the

same.

As per the notification, TET is to be conducted by the

appropriate Government in accordance with the Guidelines

framed by the NCTE, therefore, for the purpose of conducting

the TET, the NCTE issued Guidelines (Annex.-P/2 filed in S.B.

Civil Writ Petition No.4483/2012) and circulated the same to all

the States vide communication dated 11.02.2011. In para 11

of the Guidelines, duty is cast upon the appropriate Government

to conduct TET at least once every year and decided that validity

of the period of TET qualifying certificate for appointment

subject to maximum of 7 years for all categories. It is also

provided that there will be no restriction on the number of

attempts a person can take for acquiring the TET certificate.

The main contention of the petitioners is that after

issuance of the Guidelines on 11.02.2011 in the year 2011, the

State Government authorized the Board of Secondary

5

Education, Rajasthan, Ajmer to conduct the TET and said test

was conducted by the Board on 31.07.2011 and result was

declared in the month of August 2011. It is specifically

submitted that due to inaction on the part of the State since

2006 to 2011 no appointments are made for the posts of

Teacher Grade-III, therefore, all the posts occurred since 2006

remained unfilled. Now, the State Government through the Zila

Parishads is going to make recruitment of 40000 posts of

Teacher Grade-III and, for the same, advertisements have been

issued on 24.02.2012 and to participate in the recruitment of

40000 posts only those candidates are eligible who qualified the

TET 2011 examination and none else.

Learned counsel for the petitioners submits that since

2006 no recruitment of Teacher Grade-III took place in the

State of Rajasthan and, in the year 2009, when the Act of 2009

was enacted and different qualification is prescribed through the

NCTE, then, the process of conducting TET was initiated in the

year 2011. In the TET 2011 conducted by the Board of

Secondary Education, Rajasthan, Ajmer more than five lakh

candidates appeared; but, only 43.81 per cent female

candidates were declared successful and 25 per cent male

candidates were declare successful.

While inviting attention towards certificate of TET 2011,

learned counsel for the petitioners submit that the TET 2011

conducted by the Board of Secondary Education, Ajmer, was

6

also contrary to the Guidelines issued by the NCTE and, now,

without conducting TET for the year 2012, the State

Government is going to recruit 40000 Teachers Grade-III, that

too, without providing opportunity of acquiring certificate of TET

to the lakhs of candidates and, due to inaction on the part of the

State authorities, lakhs of candidates are being deprived to

obtain the eligibility of TET certificate; therefore, competition for

40000 posts has become so narrow because quite lesser

number of candidates who qualified the TET 2011 only are

available and large number of candidates who are otherwise

possessed of the essential academic and training qualification

but not able to get an opportunity to appear in the TET 2012 will

be deprived from the opportunity of participating in the

recruitment process only due to inaction on the part of the State

because they are not possessing the certificate of TET eligibility.

Therefore, it is prayed that there is total lethargy and

mismanagement of affairs by the respondent State on account

of which lakhs of persons are deprived from the opportunity of

even competing for recruitment on the posts of Teacher Grade-

III.

Therefore, it is prayed by learned counsel for the

petitioners that the respondent State may be restrained from

proceeding with the process for making appointment on the

posts of Teacher Grade-III in pursuance of the advertisements

issued by the State through Zila Parishads on 24.02.2012

without first conducting TET 2012.

7

Learned counsel for the petitioners submits that due to

non-conducting TET – 2012 first the petitioners and like them

lakhs of candidates have been deprived from competing in the

recruitment process and opportunity is only available to the

candidates who cleared TET – 2011, therefore, the action of the

respondents is in violation of Articles 14, 16 and 21 of the

Constitution of India. The respondents are snatching the right

of the petitioners due to their lethargic attitude although they

are possessed of the qualification which were in existence prior

to amendment in the year 2009 and vacancies of the posts of

Teacher Grade-III have not been filled in since 2006 and, now,

due to new eligibility criterion, the respondents are again

snatching the right of the petitioners by contemplating to first

proceed with the recruitment and, thereafter, conduct TET some

time in the year 2012 which would be of no avail for the

petitioners and lakhs of other persons like them. Therefore,

prayer made in the writ petition may be allowed and the

respondents may be directed to proceed for selection in

pursuance of advertisements issued on 24.02.2012 and first

conduct TET – 2012 examination and, then, proceed for

recruitment of Teachers Grade-III for 40000 posts. The State

Government cannot be permitted to hold selection on the posts

of 40000 teacher Grade-III from amongst the candidates who

qualified TET – 2011, therefore, the whole process of selection

may be quashed.

Per contra, learned Addl. Advocate General submitted that

8

delay was caused after TET 2011 due to litigation in the High

Court and for the reason that amendments were not made in

the rules and after amending the Rajasthan Panchayat Raj Act,

1994 and Rajasthan Panchayat Raj Rules, 1996 in the month of

May 2011 the process of selection has been initiated and, now

the advertisements have been issued for recruitment on the

posts of Teacher Grade-III and, prior to that, in the month of

July 2011 TET examination through the Board of Secondary

Education, Ajmer; and, now, the said 40000 vacancies are

sought to be filled up in accordance with the rules. Learned

Addl. Advocate General submits that notification issued by the

NCTE with regard to qualification has already been upheld by

the Division Bench of this Court in D.B. Civil Writ Petition

No.3954/2011 of Sushil Sompura along with 43 other writ

petitions vide judgment dated 20.05.2011; and, prior to that

vide notification dated 11.05.2011, amendment was made in the

Rajasthan Panchayat Raj Act, 1994 and Rajasthan Pachayat Raj

Rules 1996 and, under Rule 266 of the Rules, the qualification

prescribed by the NCTE was incorporated in the Rules,

therefore, the State Government has been abiding by the

qualification prescribed by the NCTE under the Act of 2009.

It is further submitted that in the Guidelines, it is provided

that once in a year the TET should be conducted but, for the

first time, in the month of July 2011, the said examination was

conducted and, similarly, it will be conducted in the 2012 also,

that is to say, year 2012 has not yet ended, therefore, there can

9

be no grievance to the petitioners to the extent that TET is not

conducted in the year 2012. However, the petitioners cannot

claim that selection process should be stayed and TET – 2012

should be conducted first; and, thereafter, to proceed for

selection. It is submitted by the counsel for the State that the

petitioner could not succeed in the TET – 2011 examination,

therefore, they cannot claim that TET – 2012 should be

conducted first and, thereafter, to proceed for selection. The

petitioners were allowed to appear in the TET 2011 in the month

of July 2011 but large number of candidates were declared failed

and, now, the State Government is going to make recruitment

to fill up the vacancies of Teachers by which are vacant since

2006. Therefore, no case is made out for interference in the

process of selection and as such this writ petition may be

dismissed.

Learned counsel appearing for the NCTE, Shri Kuldeep

Mathur submits that after issuing notification prescribing ghe

qualifications and Guidelines for conducting the TET the State

Government/appropriate Government is under obligation to

follow the Guidelines formulated by the NCTE in its strict sense

and if those Guidelines are not followed, then, the action of the

State Government cannot be treated to be justified and legal.

After hearing learned counsel for the parties, it is

abundantly clear from the facts of the case that after

amendment made in the Rajasthan Panchayat Raj Act 1994 and

10

Rajasthan Pachayat Raj Rules, 1996, the qualification prescribed

is in existence for recruitment on the posts of Teacher Grade-

III. The existing qualification for the said post is based upon

the notification dated 23.08.2010 and notification dated

29.07.2011 issued by the NCTE. Both the notifications are as

follows :

“NATIONAL COUNCIL FOR TEACHER EDUCATION

NOTIFICATION

New Delhi, the 23rd August, 2010

F.No.61-3/20/2010/NCTE/(N&S).-In exercise of the powers

conferred by Sub-section (1) of the Section 23 of Right of

Children to Free and Compulsory Education Act, 2009 (35 of

2009) and in pursuance of the 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 at least 50%

marks and 2 – year Diploma in Elementary Education (by

11

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 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

12

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

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.

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 at least 50% marks and B.Ed qualification

shall also be eligible for appointment for class I to V upto 1st

13

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 (1) 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;

14

(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.”

“NATIONAL COUNCIL FOR TEACHER EDUCATION

NOTIFICATION

New Delhi, the 29th July, 2011

F.No.61-1/2011/NCTE/N&S).-In exercise of the powers

conferred by sub-section (1) of the Section 23 of Right of

Children to Free and Compulsory Education Act, 2009 (35 of

2009) and in pursuance of the 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 makes the following amendments to the

Notification No.215 dated 25th August, 2010 published in the

Gazette of India, Extraordinary, Part-III, Section-4, vide

F.No.61-1/2011-NCTE (N&S), dated the 23rd August, 2010,

laying down the minimum qualifications for a person to be

15

eligible for appointment as a teacher (hereby referred to as the

Principal Notification), namely :-

(I) For sub-para (i) of para 1 of the Principal Notification,

the following shall be substituted, namely:-

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 Education (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

16

framed by the NCTE for the pourpose.

(II) For sub-para (ii) of para 1 of the Principal

Notification, the following 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 50% marks and 1-year Bachelor ion

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

17

appropriate Government in accordance with the Guidelines

framed by the NCTE for the purpose.

(III) For para 3 of the Principal Notification the following

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

up to 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.

(ii) Reservation Policy :

Relaxation up to 5% in the qualifying marks shall be

allowed to the candidates belonging to reserved categories, such

as ST/ST/OBC/PH.

(IV) For para 5 of the Principal Notification, the following

shall be substituted, namely:-

5.(a) Teacher appointed after the date of this notification

in certain cases:-Where an appropriate Government or local

18

authority or a shool 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).

(b)The minimum qualification norms referred to in this

Notification apply to teachers of Languages, Social Studies,

Mathematics, Science, etc. In respect of teachers for Physical

Education, the minimum qualification norms for Physical

Education teachers referred to in NCTE Regulation dated 3rd

November, 2001 (as amended from time to time) shall be

applicable. For teachers of Art Education, Craft Education,

Home Science, Work Education, etc. the existing eligibility

norms prescribed by the State Governments and other school

managements shall be applicable till such time the NCTE lays

down the minimum qualifications in respect of such teachers.”

It is admitted position of the case that TET is required to

be conducted by the States as per the Guidelines which are

statutory in force in view of the aforesaid notification of

amendment. Vide communication dated 11.02.2011 the NCTE

circulated the Guidelines to all the States for conducted the TET

examination. In the said Guidelines, following eligibility was

prescribed :

19

“Eligibility

5. The following persons shall be

eligible for appearing in the TET :

i. A person who has acquired the academic

and professional qualifications specified in

the NCTE Notification dated 23rd August

2010.

ii. A person who is pursuing any of the teacher

education courses (recognized by the NCTE

or the RCI, as the case may be) specified in

the NCTE Notification dated 23rd August

2010.

iii. The eligibility condition for appearing in TET

may be relaxed in respect of a State/UT

which has been granted relaxation under

sub-section (2) of section 23 of the RTE Act.

The relaxation will be specified in the

Notification issued by the Central

Government under that sub-section.”

In para 11 of the Guidelines, the frequency of conduct of

the TET and validity period of the TET certificate is given as

follows :

“11. The appropriate Government should

conduct a TET at least once every year.

The Validity Period of TET qualifying

certificate for appointment will be decided

by the appropriate Government subject to

a maximum of seven years for all

categories. But there will be no restriction

on the number of attempts a person can

take for acquiring a TET Certificate. A

person who has qualified TET may also

appear again for improving his/her score.”

The aforesaid para 11 clearly speaks that a duty is cast upon the

appropriate Government while using the word “should” to

20

conduct the TET once every year so as to provide opportunity to

acquire eligibility of TET by the candidates academic and training

qualification.

Admittedly, since the year 2006 up to 2012, no

appointments are made on the posts of Teacher Grade-III.

Even after conducting TET in the month of July 2011 till

31.12.2011, no recruitment process was initiated; meaning

thereby, the State Government provided opportunity to the

aspirant candidates for acquiring TET eligibility only once

whereas under the statutory Guidelines TET is envisaged to be

conducted every year, therefore, after amendment in the year

2009 hardship is caused to the candidates who are waiting since

2006 and those candidates who have acquired qualification in

the year 2011 are even eligible for vacancies of the earlier years

after passing TET.

The State Government has authorized all the Zila

Parishads of the State to initiate the process of selection and all

the Zila Parishads have issued advertisement dated 24.02.2012

and, now, examination is likely to be held within short time. In

my opinion, the Guidelines are mandatory in nature because it is

expressly provided that once every year TET examination should

be conducted. Here, in the State of Rajasthan, no recruitment

took place since the year 2006 till date and, all the existing

vacancies are clubbed and it resulted into accumulation of more

than 40000 existing vacancies, for which, the State Government

21

is going to make recruitment while granting opportunity to only

those candidates who were declared in the TET 2011

examination conducted by the Board in July 2011; meaning

thereby, the scope of selection has become so narrow because

not more than 2,75,000 candidates were declared successful in

the TET 2011 examination out of more than 700000 candidates

appearing in the test. Therefore, even if it is presumed that

candidates who were declared successful in the TET 2011

examination will be allowed to appear in the process of selection

for 40000 posts the scope of competition shall become so

narrow that in the written examination as against one vacancy

only five or six candidates shall be available and large number of

candidates will be deprived from getting any opportunity to

compete in the selection process although they are possessing

the essential academic and training qualification but they have

not yet been able to get the eligibility of TET certificate because

till today TET examination has only once been conducted in the

year 2011.

It appears that the State Government after amending the

rules in the month of May 2011 has taken the decision to make

recruitment in very haphazard manner and it resulted into denial

of appointment to lakhs of candidates, therefore, the action of

the State Government is required to be checked by the NCTE

because as per Articles 14, 16 and 21 of the Constitution of

India right of consideration cannot be curtailed due to inaction

and lethargic attitude on the part of the State Government. As

22

per the Act of 2009, now, the NCTE is controlling and governing

body to maintain educational standards. The future of tiny tots

as well as candidates who possess academic qualification and

training is in the hands of the NCTE and it is the body who is

under obligation to check the State Government for not violating

the Guidelines.

It appears from the facts that the State Government has

not apprised the NCTE the fact of availability of more than

40000 vacancies and fact that since 2006 no recruitment has

taken place; and, now, they are going to recruit Teachers

Grade-III from amongst only those candidates who were

declared successful in TET – 2011. It appears from the facts

that for the vacancies occurred since 2006 to 2012, the State

Government has initiated the process of selection only for those

candidates who were declared successful in 2011 TET

examination only; meaning thereby, this selection process is

only for the candidates who were declared qualified in TET 2011

and this happening is occasioned for the reason that the State

Government announced the vacancies in the month of February

2012 whereas before that TET – 2012 ought to have been

conducted to enlarge the scope of selection and to provide the

chance of acquiring eligibility of TET to the candidates who are

waiting since 2006.

Learned counsel for the petitioners invited my attention

towards notes incorporated in the marks-sheet-cum-certificates

23

of TET issued to the successful candidates. I have perused

the marks-sheet & certificate (Annex.-8) filed along

with affidavit of a candidate Ram Kishan Choudhary bearing

Roll No.5801815, issued by the Board of Secondary Education,

Rajasthan, Ajmer. It is very strange that in the marks-sheet &

certificate the following notes are incorporated by the Board :

“Note.

1. This certificate has been issued by the Board

on the basis of the affidavit and information

furnished by the candidate that he/she

possesses the minimum educational and

professional qualifications prescribed by

National Council for Teacher Education

under the provisions of the Right of Children

to Free and Compulsory Education Act,

2009. The documents in support of the

educational and professional qualifications

of the candidate have not been verified by

the VBoard before issuing this certificate.

Before giving appointment to the candidate,

the appointing authority should verify these

documents to ascertain his/her eligibility.

2. The Board has not verified the documents of

the candidates belonging to Scheduled

Castes, Scheduled Tribes, Other Backward

Classes, Special Backward Classes,

Physically Handicapped, Divorced &

Widowed Women and women candidates.

Therefore, before giving appointment to the

candidate against the posts reserved for

these categories, the appointing authority

should verify the documents in support of

the claim of the candidate and satisfy itself

in this regard.

3. Those candidates who have been admitted

to the RTET on the basis that they are

pursuing any teacher education course as

per the NCTE norms and standards will be

eligible for appearing at the recruitment

examination only after they have

successfully completed the teacher

education course and have been awarded

the certificate of completion.

24

4. Qualifying the RTET will not confer any right

on any person for recruitment/employment

as it is only one of the eligibility criteria for

appointment as teacher in elementary

schools.

5. The recruitment agency shall give weightage

to the RTET scores in the recruitment

process in accordance with the relevant

provisions in the recruitment rules.”

Aforesaid Note No.1 clearly speaks that in the examination

conducted by the Board of Secondary Education, Ajmer in the

year 2011 the Board allowed all the candidates to appear in the

Rajasthan TET 2011 on the basis of affidavit and information

furnished by the candidate that he possesses the minimum

qualification prescribed by the NCTE under the provisions of

Right of Children to Free and Compulsory Education Act, 2009

and, further, it is observed that the documents in support of

educational and professional qualifications of the candidate have

not been verified by the Board before issuing this certificate.

Before giving appointment to the candidate, the appointing

authority should verify these documents to ascertain his/her

eligibility.

Further, those candidates who have been admitted to the

RTET 2011 on the basis that they are pursuing any teacher

education course as per the NCTE norms and standards can be

eligible for appearing at the recruitment examination only after

they have successfully completed the teacher education course

and have been awarded the certificate of completion; meaning

thereby, as per the NCTE norms the candidates were allowed to

25

appear in the TET examination who were pursuing Teachers

Education course but, as per the Guidelines, it is nowhere

provided that after allowing them their result of TET can be

declared prior to completing the Teachers Education course.

But, as per Note 3, the respondent Board declared the result of

the TET 2011 in relation to such candidates without waiting for

declaration of their result of the Teachers Education course and

granted the eligibility of TET before acquiring the eligibility

qualification for appearing in the TET examination and this fact

itself speaks that the Board of Secondary Education, Rajasthan,

Ajmer has completely violated the Guidelines also for granting

eligibility of TET with clarification in Note 3 of the certificate.

Therefore, obviously the Board has completely flouted the

Guidelines of NCTE in conducting TET – 2011.

It is very strange that the Board while allowing the

candidates to appear in the TET 2011 did not verify the eligibility

and issued the certificate which is contrary to para 14 of the

Guidelines which runs as under :

Award of TET Certificate

14. The appropriate Government conducting the

Test shall award a TET Certificate to all

successful candidates. The certificate should

contain the name and address of the candidate,

date of birth, Registration No. year/month of

award of Certificate, marks obtained in each

Paper, class level of its validity (Class I to V,

class VI to VIII or both), and, in case of classes

VI to VIII, the subject are (Science and

Mathematics, Social Studies, etc.). The

certificate may be electronically generated with

adequate security features. Appropriate may

consider utilizing the services of specialized

26

agencies for issuing de-materialized (demat)

TET certificates as a security feature to avoid

any kind of malpractice.”

In view of the above, it appears that the conduct of the Board of

Secondary Education, Ajmer for conducting the Rajasthan TET

2011 examination is in contravention of para 14 which is also

required to be checked by the NCTE because, after promulgation

of the Act of 2009 and issuing notifications by the NCTE and

Guidelines, no authority can be allowed to violate the provisions

of the Act as well as Guidelines issued by the NCTE under the

Act of 2009. Therefore, in my opinion, all these facts are

required to be examined by the NCTE because the above facts

are not in the knowledge of the NCTE which is the controlling

authority of the education system of the country and education

of children under the Right of Children to Free & Compulsory

Education Act, 2009.

Therefore, all above writ petitions are disposed of with the

direction to the NCTE to examine the action of the State of

Rajasthan on the following issues and take final decision

whether the State Government has rightly followed the

notifications issued under the Act of 2009 and Guidelines issued

by the NCTE for conducting TET and right in conducting selection

process for appointment on 40000 posts of Teacher Grade-III

without conducting TET examination during the calendar year

2012 :

(a) Whether it is not mandatory for the State

27

Government to conduct TET examination every year

and, thereafter to proceed for making recruitment ?

(b) Whether without conducting TET 2012 examination

the State Government is right in conducting the

selection process for recruitment on 40000 posts of

Teacher which remained unfilled since 2006 while

granting opportunity only to the candidates who

cleared the TET 2011 examination and, thereafter,

to hold TET 2012 examination ?

(c) Whether the vacancies arisen and not duly filled in

since 2006 to 2012 can be filled in by conducting

only one TET examination ?

(d) Whether the Board of Secondary Education,

Rajasthan, Ajmer was right in holding TET 2011

examination without assessing the eligibility of the

candidates and examining their documents to

enable them to appear in the TET examination, so

also, in incorporating notes No.1 to 5 in addition to

the facts narrated in para 14 of the Guidelines

which is in violation of para 14 of the Guidelines ?

(e) Whether the State Government is justified in

making recruitment for filling up 40000 posts of

Teacher Grade-III in the year 2012 on the basis of

certificate issued by the Board in contravention of

Para 14 of the Guidelines ?

(f) Whether it is not necessary for the State

28

Government to afford at least 3 opportunities for

appearing at the TET examination before making

recruitment for the reason that State Government

is going to fill in vacancies arisen in between 2006

to 2012 for 6 years because as per the Guidelines

TET examination is required to be conducted

minimum once every year so as to grant

opportunity to larger number of candidates to get

opportunity for recruitment ?

The NCTE is hereby directed to take final decision within a

period of 15 days from today or before examination because

although thousands of posts remained unfilled since 2006 but,

now, the State Government is in a hurry to make recruitment on

the 40000 posts of Teacher Grade-III so as to grant opportunity

to the candidates who qualified the TET – 2011 only without

conducting TET 2012 examination. Copy of this order be given

to the counsel for the NCTE today itself.

(Gopal Krishan Vyas) Judge

 

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