Teachers Who Have Not Qualified TET Cannot Continue Service In Schools: Madras High Court

The bench of Justice D Krishnakumar were hearing petitions filed by a teacher to sanction annual increment to them in the B.T. Assistant posts as well as incentive increment for having acquired Post Graduation, without reference to passing of Teachers Eligibility Test (TET) with all consequential and other attendant benefits.

Background

After the introduction of the Right of Children to Free and Compulsory Education Act, 2009, the National Council for Technical Education (NCTE) was appointed as academic authority under Section 23(1) of the Act.

The council issued notification prescribing educational qualification for teachers taking classes for Standards I to VIII, which include passing of Teachers Eligibility Test [TET] to be conducted by the appropriate Government

State Government has issued G.O.Ms.No.181, School Education Department, dated 15.11.2011, appointing Teachers Recruitment Board [TRB] as Nodal Agency to conduct TET and also to make appointment to the post of Secondary Grade Teachers based on TET.

The petitioners contented that they were appointed prior to 2011 and their appointment was also duly approved by the Department without any condition much prior to G.O.Ms.No.181 dated 15.11.2011 and they were paid with annual increments from the date of their initial appointment, but suddenly this payment was stopped on the premise that the petitioner had not passed TET Test.

Therefore, insistence of TET is totally arbitrary and unreasonable. For this reason, they have filed this petition to direct the respondents to sanction annual increment to the petitioners in the post of B.T. Assistants as well as incentive increment for having acquired Post Graduation without reference to passing of TET with all consequential and other attendant benefits.

The court highlighted that that despite lapse of many years i.e., almost twelve years after the enactment of RTE Act, 2009, the said statutory provision has not been complied with, the petitioners and teachers are allowed to continue in service without possessing the minimum eligibility condition of pass in TET, as per Section 23 of the RTE Act, 2009 and also as per the RTE (Amendment Act), 2017.

The court stated that teaching is a profession which requires knowledge and skills and quality in teaching is the need of the hour.

"Education is a process of acquiring knowledge and skills in general, and the field of teachers' education is special. Quality teachers' education is the need of the hour. Effective teaching depends on the teacher with updated knowledge, skills and technology. The main purpose of the Teacher Eligibility Test (TET) is to assess the candidate's aptitude for the profession, that is, to assess the teachers whether they have adequate teaching competency and a positive attitude towards teaching or not. The rationale for including the TET as a minimum eligibility criterion for a person to be appointed as a teacher is to bring national standards and benchmark for quality in the recruitment process and to lay special emphasis on teachers' quality. It is necessary to ensure teachers with the essential aptitude and ability are recruited to meet the challenges of teaching and for the benefit of student community at large, the teachers should be competent enough with national standards. This would ensure that despite alternate pathways open to become teachers, standards of teaching are maintained"

The court held that it is mandatory for the teachers, who did not possess the minimum qualification of pass in TET prior to RTE Act, 2009 to acquire the same within the period of nine years i.e., within 31.03.2019. Thus, the teachers, who do not possess the minimum qualification of pass in TET are not entitled to continue their service in the schools/educational institutions. Thus, they could also not seek increments.

The petitioners had also contented that the Government has not been conducting TET examination every year as it should and therefore appropriate direction may be given to the State Government to instruct Teachers Recruitment Board for conducting TET examination every year, so as to enable the teachers to qualify themselves in TET.

To this, Mr. S Silambanan, Additional Advocate General that the Board has notified for conducting TET examinations in the month of June 2022 and teachers, who have not qualified shall participate in the ensuing examinations.

Mr.R.Sankaranarayanan, Additional Solicitor General, submitted that the extended time limit of further period of four years as per the RTE (Amendment) Act, 2017, had expired on 31.03.2019 and the Central Government has not considered any request for further extension of time and would add that only by way of amendment to Section 23 of the RTE Act.

Mr Vimal B. Crimson, Mr R Kamaraj and Mr G Sankaran appeared for the petitioners while the respondents were represented by Additional Advocate General Mr. S Silambanan assisted by Mr V. Nanmaran and Assistant Solicitor General Mr R Sankaranarayanan assisted by Mr. T.L Thirumalaisamy.

Case Title: K. Vasudevan v. The Principal Secretary to Government and Ors.

Case No: W.P No. 28284 of 2021 and connected matters

Citation: 2022 LiveLaw (Mad) 141

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