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)

Friday, May 24, 2013

TNTET : Court faults govt's teacher hiring policy


TNTET : Court faults govt's teacher hiring policy



Candidate Recruited as Teacher At the Age of 57 year due to Seniority in Employment Exchange


CHENNAI: Appointing teachers based solely on seniority of their registration in the employment exchange is disastrous, the Madras high court has said.

"The policy has resulted in persons who had crossed more than 50 or 55 years being appointed as teachers. I have had cases of persons who were appointed at the age of 57, only to retire within a year," rued Justice V Ramasubramanian.

Passing orders on a batch of petitions filed by computer instructors in schools, seeking not to be terminated from service, Justice Ramasubramanian said: "It is unfortunate that instead of 'excellence' having a date with 'education,' it is 'employment' that has today eloped with 'education'."

The judge also made it clear that he would not issue any direction to the government to take seniority in employment as the sole criterion to appoint teachers. "It is impossible for me to close my eyes and give a direction to the authorities to make recruitment solely on the basis of seniority of registration in the employment exchange. It is my duty to point out that the hands of the government are not fettered today, to evolve a process for selection of qualified and competent teachers," he said.

He pointed out that in July 2012 only 0.34% of 7.14 lakh candidates cleared the teacher eligibility test. When a supplementary examination was held, only 2.9% of 6.43 lakh candidates cleared it. Pointing out that the state had 685 teacher training institutes churning out about 73,000 students every year, the judge said, "The quality of teacher education is such that when the Teachers Recruitment Board conducted the eligibility test, the pass percentage was so low."

The petitioners were among 1,880 computer instructors appointed in government schools in 1999 on a consolidated pay of Rs 1,500 a month. Their selection was set aside by the high court in 2006 on a petition by teachers registered with the employment exchange. On an appeal, a division bench upheld their selection after the government said that it planned to conduct a special test as a one-time measure. The matter reached the Supreme Court and in the meanwhile, the government conducted the special test in October 2008. As 50% marks was the cut-off, out of 1,686 candidates only 857 qualified. The government then brought down the qualifying marks to 35% and another 829 candidates qualified.

In July 2009, the SC permitted the government to absorb only those who had scored 50% and above and said other could be allowed to rewrite test. Termination notices were served on those who could not clear the test in the second attempt too. While these teachers challenged the termination, those on employment exchange register wanted the court to direct the authorities to recruit them as per seniority.


News Source / Sabhaar : Times of India News Network( TNN May 20, 2013, 02.14AM IST)

Wednesday, April 10, 2013

TNTET : Demand to include Tamil Nadu Teacher Eligibility Test under quota policy increases


TNTET : Demand to include Tamil Nadu Teacher Eligibility Test under quota policy increases

Teacher Recruitment Board|Tamil Nadu Teacher Eligibility Test|National Council for Teacher Education|Andhra Pradesh

COIMBATORE: The state government might have decided to stick to 69% reservation policy in employment and education but the Tamil Nadu Teacher Eligibility Test (TET) conducted by the Teacher Recruitment Board in violation of the reservation policy has raised many eyebrows.

Even though National Council for Teacher Education (NCTE) said concessions may be given by appropriate state governments to SC/ST, OBC and differently-abled candidates in deciding the pass marks, the state has not yet followed the reservation policy in TET and 60% remains the minimum pass percentage for all candidates.


TET was introduced in accordance with the provisions of Right of Children to Free and Compulsory Education Act (RTE) to ensure quality of teachers. Reliable sources told TOI that even though the NCTE vide its order had clearly stated that passing the TET is only one of the eligibility criteria, in Tamil Nadu it is treated as a competitive examination for recruitment of teachers.

"Only in Tamil Nadu, reservation is not followed in TET, which is given extra importance as a competitive examination," a senior education department official who is closely associated with SC/ST welfare association said. Andhra Pradesh, Assam and Bihar among others have extended the reservation benefits to TET.

In Andhra Pradesh, the pass percentage in TET for OBC is 50% and for SC/ST and physically handicapped is 40%. In Assam, 5% relaxation is given for candidates belonging to SC/ST/OBC and persons with disability (PWD). Though reservation is followed in National Eligibility Test (NET) and State Eligibility Test (SET), reservation policy of the state government is yet to make footsteps in TET.

A copy of the NCTE order available with TOI reads as follows: "May consider giving concessions to persons belonging to SC/ST, OBC, differently-abled persons, etc., in accordance with their extant reservation policy."

Activists and academicians citing the order say that failure to extend the benefits of reservation in TET by the state government is in violation of the constitution of India and demanded that the issue should be addressed immediately


News Source : Times of India Epaper TNN Apr 8, 2013, 01.17AM IST
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To know about TET examination , visit http://www.ncte-india.org/RTE-TET-guidelines[1]%20(latest).pdf


Thursday, January 3, 2013

TNTET : “Appointment of teachers subject to outcome of writ petition’’


TNTET : “Appointment of teachers subject to outcome of writ petition’’



HC Bench passes interim order on public interest litigation petition
The Madras High Court on Thursday said that appointment of BT Assistant Teachers and Secondary Grade Teachers subsequent to the Teachers Eligibility Test held in October this year would be subject to the result of a writ petition pending before it.

The First Bench consisting of Chief Justice M.Y. Eqbal and Justice T.S. Sivagnanam passed the interim order on a public interest litigation petition by M. Palanimuthu, an advocate, and headquarters secretary of the Viduthalai Chiruthaigal Katchi. The Bench posted the matter for further hearing after two weeks.

Mr. Palanimuthu said a supplementary Teachers Eligibility Test was conducted in Tamil Nadu on October 14. A total of 3,73,696 candidates wrote the examination and 8,808 were successful. When releasing the results, the Teachers Recruitment Board failed to publish the community-wise and subject-wise passed candidates. This, the petitioner said, had been done with an “ulterior motive.” The board had hidden the facts to SC, ST, Backward Classes and the physically challenged.

The NCTE had issued a communication of April 1 last year for relaxing 5 per cent to SC/ST and the physically challenged candidates for qualifying eligible marks. In the notification itself, the board had not mentioned about the relaxation of the qualifying marks for eligibility as had been done by some other States.

The petitioner prayed the court to conduct the selection of BT Assistant Teachers and Secondary Grade Teachers according to the NCTE guidelines.


News Source : http://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/appointment-of-teachers-subject-to-outcome-of-writ-petition/article4198382.ece