Wednesday, July 31, 2013

TNTET / Madras High Court - TET Passing Marks 60%


TNTET / Madras High Court - TET Passing Marks 60% 

HC refuses to relax standards, dismisses petitions


The requirement of a pass in the Teacher Eligibility Test for being considered for a post in State government or private school is mandated by RTE Act.

There cannot be different marks given in respect of different communal roster. If the State government does not consider relaxing the condition, it is not for the court to grant any direction for relaxing standards.

Justice K. Chandru made the observation while dismissing a batch of petitions in which the petitioners had qualified with a Diploma in Education.

They sought concession in the qualifying marks in respect of the TET conducted last year.

The judge said the counter affidavit rightly stated that the qualifying marks for a pass in TET had been fixed as 60 per cent.

The State government had taken a policy decision not to compromise on the quality of teachers and decided not to grant relaxation.

When the government had decided so, the judge said he was not inclined to consider the petitioners submissions.

No direction could be issued to the authorities to relax or lower the standards of teaching.


News Source : http://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/hc-refuses-to-relax-standards-dismisses-petitions/article4376804.ece


See Court Order : -






Madras High Court
P.Sangeetha vs The Government Of Tamilnadu on 23 January, 2013
DATED: 23.01.2013

CORAM:

THE HON BLE MR. JUSTICE K.CHANDRU

W.P. Nos.30426, 31002, 31306, 31706, 31468,

32325, 34495, 34730, 34910 of 2012

and

W.P.Nos.1687 and 1705 of 2013

&

Connected Miscellaneous Petitions

P.Sangeetha  .. Petitioner in W.P.No.30426/2012

V.V.Nirmala  .. Petitioner in W.P.No.31002/2012

1. K.Kanagaraj

2. S.Umamaheswari

3. M.Sathiaveni  .. Petitioners in W.P.No.31306/2012

1. A.Satish

2. D.Shanmugam

3. T.Shanmugasundaram .. Petitioners in W.P.No.31706/2012

K.Thangarangan  .. Petitioner in W.P.No.31468/2012

R.Elumalai  .. Petitioner in W.P.No.32325/2012

M.A.Rasheetha Begum  .. Petitioner in W.P.No.34495/2012

S.Revathy  .. Petitioner in W.P.No.34730/2012

R.Shanthi  .. Petitioner in W.P.No.34910/2012

A.Muthueeswari  .. Petitioner in W.P.No.1687/2013

V.V.Nirmala

W/o.E.Rajarethinam

E.Rajarethinam .. Power of Attorney holder for

Petitioner in W.P.No1705/2013

Vs.

1. The Government of Tamilnadu

Rep.by the Secretary to Government

Department of School Education

Secretariat, Chennai 9

2. The Teachers Recruitment Board

rep.by its Chairman

4th floor, EVK Sampath Maligai

DPI Campus, College Road

Chennai -6.  .. Respondents in W.P.No.30426/2012

Prayer in W.P.No.30426/2012 : Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus directing the respondents to issue call letter to the petitioner (Roll No.12TE33250642) for Certificate Verification by granting concession in qualifying marks as per the guidelines annexed to G.O.Ms.No.181 School Education (C2) Department dated 15.11.2011 in respect of Paper-II in Tamil Nadu Teacher Eligibility Terst (TNTET)-2012 conducted by the Teachers Recruitment Board viz. the 2nd respondent on 14.10.2012 based on its Advertisement No.4/2012 dated 07.03.2012. For Petitioner

in W.P.No.30426, 32325,

34730 of 2012 :: Mr.R.Neelakandan

in W.P.No.31002/2012 :: Mr.A.S.Kaizer

in W.P.No.31306/2012 :: Ms.A.Malathi Devapriyam

in W.P.No.31706/2012 :: Mr.S.Periyasamy

in W.P.No.31468/2012 :: Mr.J.Lakshmi Naryanan

in W.P.No.34495/2012 :: Mr.S.Janarthanam

in W.P.No.34910/2012 :: Mr.T.Gandhi

in W.P.No.1687/2013 :: Mr.R.Saseetharan

in W.P.No.1705/2013 :: Mr.E.Rajarethinam

For Respondents

For Government

and Teachers

Recruitment Board

in all Writ Petitions :: Mr.P.S.Sivashanmuga Sundaram, Addl.G.P.

COMMON ORDER

In all these Writ Petitions, the petitioners have qualified with a Diploma in Education and are seeking for granting concession in the matter of qualifying marks in terms of G.O.(Ms.) No.181, School Education (G2) Department dated 15.11.2011 in respect of the Tamil Nadu Teachers Eligibility Test conducted during the year 2012. By the G.O.(Ms.) No.181, School Education Department dated 15.11.2011, the State Government issued orders for conducting Teacher Eligibility Test, pursuant to the obligation vested on the State Government in view of Right of Children to Free and Compulsory Education Act, 2009 (for short RTE Act).

2. The State Government in paragraphs 7 and 8 of the said G.O.directed as follows:

"7. The Government carefully examined on the lines of the orders of Supreme Court of India in SLP ) No.18227=18228 dated 20.8.2008 and National Council for Teacher Education guideline 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."

3. In annexure to the G.O, guidelines were also set out for conducting Teacher Eligibility Test. In paragraph 9 of the guidelines, it is stated that a person who scores 60% or more in the TET exam will be considered as TET pass. It applies to all School managements whether Government, local bodies, Government aided or unaided. It was also observed that it may consider giving concessions to persons belonging to SC/ST, OBC, differently abled persons, etc., in accordance with their etent reservation policy.

4. Subsequently, the Teachers Recruitment Board made an advertisement dated 7.3.2012 notifying the conducting of Tamil Nadu Teacher Eligibility Test (TNTET)-2012. Pursuant to the said advertisement, the petitioners applied for the post. Subsequently, when they did not secure 60% marks, they started claiming a special weightage in respect of SC/ST, OBC and differently abled persons in terms of the guidelines issued by the State Government referred to above and they also stated that 5% concession should be given to the reserved candidates. If 5% concession is made, then there is a chance for the petitioners being declared as a pass in the Teacher Eligibility Test. When the same was not forthcoming, this batch of Writ Petitions were filed both in the Madras Bench as well as in the Madurai Bench of this Court.

5. It is noted that when large number of persons failed in the test and there is a pressure for the Government to redo the exercise, they issued G.O.Ms.No.222, School Education Department dated 24.8.2012. In paragraph 6 of the said G.O, it was ordered as follows: "6. The Teachers Recruitment Board has declared the results of the recently held Teacher Eligibility Test. It is seen that only 0.36% of the candidate who appeared for both paper-I and paper-II have been declared eligible with the prescribed cut off of 60%. Keeping in mind the welfare of the children and the need for Teachers to be recruited at the earliest in the vacant positions, the Government directs the Teachers Recruitment Board, to conduct another Teacher Eligibility Test for those candidates, who have not obtained 60% marks. The candidates so found to be ineligible may be given another opportunity to appear in the test and make themselves eligible. The TET will be conducted before the end of October, 2012. The Teachers Recruitment Board to make all arrangement for the same and announce the date of the examinations well in advance in order to give sufficient time to the candidates to prepare for the same. The Teachers Recruitment Board to increase the duration of both Paper-I and Paper-II from one and a half hours to three hours."

6. Subsequently, as there was some observation made by this Court in W.P.Nos.24507 and 24631 of 2012 vide judgment dated 21.9.2012, the State Government has issued another Government Order in G.O.(Ms.) No.252, School Education Department dated 5.10.2012. A Committee was constituted under the Chairmanship of Hon'ble Minister for School Education, Sports and Youth Welfare and the Principal Secretary to Government, School Education Department, the Chairman of Teachers Recruitment Board and the Director of School Education were other members. After considering the orders passed by this Court, the State Government has accepted the recommendations of the Committee and directed the Teachers Recruitment Board to adopt modalities by giving weightage of marks for selection and appointment of Secondary Grade Teachers and Graduate Assistants. Therefore, insofar as the weightage of marks in respect of TNTET was concerned, weightage of 60 marks was given.

7. Subsequent to GO.(Ms.)No.222, dated 24.8.2012 and G.O.(Ms.) No.252, dated 5.10.2012 and on direction from this Court, a counter affidavit has been filed by the Member (School Education) of the Teachers Recruitment Board on behalf of the Board dated 'Nil' of January 2013. After narrating the issuance of the two Government Orders, in paragraphs 7 and 8, it was averred as follows: "7. I submit that the Nodal Agency viz., the Teachers Recruitment Board has conducted the Tamil Nadu Teacher Eligibility Test on 12.7.2012 and supplementary examination on 14.10.2012, thus the Nodal Agency has already conducted the Tamil Nadu Teacher Eligibility Test and make the valuation and finalised the results in accordance with the procedure laid down as per the Central Act and as well as the G.O.(Ms.) No.181, School Education Department dated 15.11.2011. The Teachers Recruitment Board is only Nodal Agency and as per the guidelines issued by the Governemtn vide in G.O.Ms.No.181 SE Department dated 15.11.2012 conduct the Teachers Eligibility Test Examination. According to the guidelines issued by the Government that the qualifying marks for a pass in the Tamil Nadu Teachers Eligibility Test has been fixed as 60% and above i.e 90 marks out of 150. Further the general information in the prospectus clearly instructed as follows: a. The Teacher Eligibility Test is only a pre-requisite eligibility test for those who are seeking appointment as a Teacher. b. For appointment of Teachers, the Teachers Recruitment Board will follow separate selection procedures.

c. The Teachers Recruitment Board conducts this test as a Nodal Agency for the Government of TamilNadu.

d. Recruitment of Teachers will be conducted separately as and when there is need following the guidelines of the Government of Tamil Nadu and the Communal Roaster in vogue.

8. I submit that the Teacher Eligibility Test and qualifying marks is fixed in order to get quality teachers to teach the children all over country. As a policy State Government has taken a decision not to compromise an quality of Teachers and relaxation need not be given to any category of candidates."

8. Notwithstanding the same, the petitioners contended that the persons who belong to other than the General Categories must be given weightage. In some of the Writ Petitions, a reference was made to the notification issued by the Government of Andhra Pradesh in respect of the Teachers Eligibility Test, wherein in respect of the Teachers' eligibility test, they have given separate qualifying of marks for different communal roaster.

9. It is not clear as to how the procedure adopted by the Andhra Pradesh Government is binding on the Tamil Nadu Government. Insofar as the recruitment by the Teachers Recruitment Board for the Tamil Nadu State is concerned, the State is the appointing authority. In terms of Article 309 of the Constitution of India, it is empowered to frame recruitment rules. Therefore, the requirement of a pass in the Teacher Eligibility Test for being considered for a post either in the State Government or Private Schools, is mandated by the RTE Act. There cannot be different marks given in respect of different communal roster. If the State Government do not consider relaxing the condition, it is not for this Court to grant any such direction for relaxing those standards.

10. In the instant cases, for conducting the test, two Government Orders came to be passed. A committee was appointed pursuant to the direction issued by this Court, which had gone into the issue. It was decided not to relax the standard from the minimum pass percentage. As rightly stated in the counter affidavit, the qualifying marks for a pass in the Tamil Nadu Teachers Eligibility Test has been fixed as 60% and above and the Teacher Eligibility Test is only a pre-requisite eligibility test for appointment as a Teacher. The qualifying marks are fixed in order to get quality education to teach the Children. The State Government has taken a policy decision not to compromise on the quality of Teachers and decided not to grant relaxation. When such a decision has been taken by the State Government, this Court is not inclined to consider the submissions made by the learned counsel for the petitioners and no such direction can be issued by this Court to the respondents to relax the standard or lower the standard, as contended by the petitioners.

11. After noting the pass percentage in the test, which is conducted on 12.7.2012, the State Government also conducted a second qualifying test which was fully conducted on 14.10.2012.

12. The contention of the petitioners that in some other State relaxation has been given has no relevance to the cases on hand. Further, the Supreme Court has an occasion to consider the necessity of Teachers to pass the Teacher Eligibility Test so as to be appointed as Teachers in respect of teaching in various Schools. The Supreme Court in Bhartiya Seva Samaj Trust through President and another vs.Yogeshbhai Ambalal Patel and another reported in (2012 ) 9 SCC 310, in paragraph 26 had observed as follows: "26. In view of the above, education and particularly that elementary/basic education has to be qualitative and for tht the trained teachers are required. The legislature in its wisdom after consultation with the expert body fixes the eligibility for a particular discipline taught in a school. Thus, the eligibility so fixed requires very strict compliance and any appointment made in contravention thereof must be held to be void."

13. In the light of the direction given by this court as well as the Supreme Court, all the Writ Petitions stand dismissed. No costs. The connected Miscellaneous Petitions are closed. ajr

To

1. The Government of Tamilnadu
Rep.by the Secretary to Government
Department of School Education
Secretariat, Chennai 9

2. The Teachers Recruitment Board
rep.by its Chairman
4th floor, EVK Sampath Maligai
DPI Campus, College Road
Chennai 6


Source : http://www.indiankanoon.org/doc/110179223/

Tuesday, July 16, 2013

TNTET : Disabled candidate’s plea for relaxation in qualifying marks rejected



TNTET : Disabled candidate’s plea for relaxation in qualifying marks rejected

HC refuses to lower pass mark for disabled TET candidates
Tamilnadu TET |Teachers Eligibility Test|Compulsory Education Act | RIght To Education Act


The Madras High Court today made it clear that physically challenged persons should get the minimum qualifying marks prescribed by government and only then will they be eligible for appointment to the post of secondary grade teacher.

Dismissing a writ petition filed by one K.Kumaravelu, who appeared in Tamil Nadu Teacher Eligibility Test conducted last year, Justice D



Physically Challenged Candidate got 83 marks in TET but passing marks set to 90. High court refuses to lower the pass mark.

A physically challenged person could be considered for appointment as a teacher under the three per cent quota for the disabled only if he gets the minimum qualifying mark of 90 in the Teacher Eligibility Test (TET), the Madras High Court said on Monday.

Justice D.Haripanthaman passed the order on a writ petition by K.Kumaravelu of Thiruvenkadu in Nagapattinam district. The petitioner’s contention was that being a physically challenged person, he should be accommodated in the three per cent quota and appointed a Secondary Grade Teacher by giving necessary relaxation in the pass marks in TET. According to him, for a physically challenged person, the present requirement of 90 marks should be relaxed and fixed at a lower level. He had obtained 83 marks in the TET in 2012. The government had announced the appointment of 12,000 teachers. He made a representation to the State government on April 16 this year.

Mr.Kumaravelu prayed the court for a direction to the Chairman, Teacher Recruitment Board, to appoint him a Secondary Grade Teacher under the priority quota of physically challenged based on his representation.

Additional Government Pleader P.Sanjay Gandhi said no person could claim any relaxation in the matter of qualifying marks in TET. It was not a competitive examination. The TET could be compared to that of the Diploma in Teacher Education examination. One should get minimum marks of 90 for a pass in TET.

Mr. Justice Hariparanthaman said the qualifying mark was fixed to ensure quality. The reservation provided for physically challenged persons had not been taken away by prescribing the minimum qualifying marks.

He said the court had considered the issue in a batch of writ petitions earlier and had decided against the petitioners. In the light of that order, the present petition would stand dismissed.

Keywords: Teacher Eligibility Test, Disabled candidate, Madras High Court, physically challenged, Diploma in Teacher Education


News Source : timesofindia.indiatimes.com (16.7.13) / Press Trust of India - PTI News (15.7.13)

Thursday, July 11, 2013

TNTET : High Court dismisses petition seeking modification on Teachers Eligibility Test


TNTET : High Court dismisses petition seeking modification on Teachers Eligibility Test



B.Com. was not mentioned as a category for classes VI to VIII, the petitioner claimed and moved the court.
Justice Manikumar noted that the curriculum of classes VI to VIII did not include commerce as a subject.
And he dismissed the petition

The Madras High Court Bench here has dismissed a petition seeking to modify a notification issued on Tamil Nadu Teachers Eligibility Test (TNTET) and include B.Com. and B.Ed. in the TNTET category for the year 2013 for classes VI to VIII.

Dismissing the petition filed by M. Rajalakshmi, Justice S. Manikumar ruled that an aspirant to a government job has no right to compel the government to include all the educational qualifications in the test for recruitment of teachers.

The petitioner contended that as per the notification issued by the National Council for Teacher Education on June 10, 2011, the TET examination should be conducted for B.A., B.Sc. and B.Com. graduates to take classes for students in classes VI to VIII. The notification issued by the TNTET did not permit the petitioner to attend the examination because B.Com. was not mentioned as a category for classes VI to VIII, the petitioner claimed and moved the court.

In his order, Justice Manikumar noted that the curriculum of classes VI to VIII did not include commerce as a subject.

Therefore, it was the prerogative of the government to restrict the eligibility to the candidates graduated in relevant subjects, he noted and dismissed the petition


News Sabhaar : thehindu.com (8.7.13)
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TNTET : : Teachers selected before RTE order spared from TET


TNTET : : Teachers selected before RTE order spared from TET





In a significant judgment, the Madras High Court has ruled that the provisions of the Right of Children to Free and Compulsory Education (RTE) Act, mandating Teacher Eligibility Test (TET) will not apply to candidates whose selection process was almost over with verification of certificates before the notification of the Act on August 23, 2010 by National Council for Teachers Education (NCTE).

This judgment gains significance as 32,000 candidates had appeared for the TET held in 2010-11 and a major portion of them have failed and lost the opportunity of becoming teachers.

Reversing the orders of a single judge and that of the first bench, led by the then Chief Justice, a division bench comprising Justices Elipe Dharma Rao and M Venugopal delivered the landmark judgment on Tuesday.

The bench was allowing a batch of review petitions and writ appeals from TS Anbarasu and 92 others challenging the orders dated March 1, 2012 of a single judge and July 13, 2012 of the first bench. They had held that the policy decision of the government could not be interfered with.

The bench observed that a plain reading of Clause (5) of the notification indicated that if the process of appointment of teachers had been initiated prior to the date of the notification, such appointments should be made in accordance with the NCTE Regulations, 2001. In other words, the persons in respect of whom the certificate verification had been done prior to the date of the notification need not write the TET.

In this case, the review petitioners were sponsored by the Commissioner of Employment & Training for certificate verification for post graduate assistants selection during May 2010, based on their employment exchange seniority and communal reservation.

Source : newindianexpress.com (10.7.13)


TNTET : No TET for those whose certificates verified between May 2010-Feb 2011


TNTET : No TET for those whose certificates verified between May 2010-Feb 2011

Tamilnadu TET|Teachers Eligibility Test|Compulsory Education Act

CHENNAI: Madras high court on Tuesday said candidates aspiring to become teachers and whose certificates were verified between May 2010 and February 2011 need not appear for the mandatory Teachers Eligibility Test (TET).

Delivering the judgement on review petitions filed by 94 teacher trainees, a Division Bench comprising Justices Elipe Dharma Rao and M Vengopal granted relief to them after dismissing their petitions by another Division Bench.



In May 2010, over 32,000 qualified candidates having teacher education diploma were sponsored by various employment exchanges on seniority as well as communal reservation basis for teacher selection process. Their certificates were verified between May 12, 2010 and February 2011.

On August 23, 2010, the Centre notified the Right of Children to Free and Compulsory Education Act (RTE Act), as per which a Teachers' Eligibility Test was made mandatory for appointment of teachers for Class VI to Class VIII.

Two TET exams were held by the state government, which had seen less than one per cent pass percentage, resulting in teacher training qualified candidates resenting the selection process by a mandatory test, instead of seniority of registration in employment exchanges.

A batch of 94 such candidates had filed a writ petition, which was dismissed on March 1 last year.

Their appeal too was dismissed in July last year. In their present petition, filed by advocates R Sudha and C Uma, they said they were sponsored for selection and their certificate verification too was completed. Hence they should be exempted from writing the TET.

Advocate general A L Somayaji assisted by additional government pleader P Sanjay Gandhi, however, said mere sponsoring of names by employment exchange and calling of candidates for certificate verification, by themselves could not be termed selection. The question of appointment would arise only if a candidate is selected for the post, he said.

The bench pointed out that Clause 5 of the RTE Act notification made it clear that candidates who had taken part in selection process prior to the Aug 23 2010 notification date need not write the TET.

After the AG said no vacancies were available for teachers as on date, the judge said "we direct the authorities to accommodate the review petitioners in future vacancies, without insisting on them to appear for the TET."

Sabhaar : articles.timesofindia.indiatimes.com ( Jul 10, 2013)