SC seeks response of Centre, states on violation of Right to Education Act

RIGHT TO EDUCATION ACT / TEACHER ELIGIBILITY TEST INDIA / NCTE GUIDELINES


Petition asked the states and the UTs to recruit and train one lakh additional professionally trained teachers every month.
   

The PIL, filed by the National Coalition for Education — a network of organisations fighting for the RTE — said at least 1.5 lakh schools and 12 lakh trained teachers were required to fulfill the goals envisaged under the RTE.

 It sought a direction that "the states and UTs upgrade all deficient schools with appropriate physical infrastructure so as to be in compliance with the RTE Act within six months.

"The states and UTs regularise and make permanent all contract and para-teachers in the country," it said. The petition also said the states and UTs should disclose the number of students admitted under the Economically Weaker Section (EWS) quota in the state in accordance with the provisions of the Act. 





 
A bench headed by Chief Justice P Sathasivam issued notice and sought their response after summer vacation on a plea filed by an organisation, National Coalition for Education.
  
The plea said lack of resources and failure to implement provisions of the RTE Act has resulted in a significant decline in education performance.
  
Senior advocate Colin Gonsalves sought a direction to all the states to complete the required neighbourhood mapping within six months and new schools be constructed six months after completion of the process.
  
The petition asked the states and UTs to recruit and train one lakh additional professionally trained teachers to end the shortage of educators within a year.
  
It sought a direction that "the states and UTs upgrade all deficient schools with appropriate physical infrastructure so as to be in compliance with the RTE Act within six months.
  
"The states and UTs regularise and make permanent all contract and para-teachers in the country," it said.
  
The petition also said the states and UTs should disclose the number of students admitted under the Economically Weaker Section (EWS) quota in the state in accordance with the provisions of the Act.
  
"Based on the aforementioned facts, it is clear that the Right to Education is being violated across the country. These violations have persisted for years and remain today in face of the RTE Act's requirement that they be remedied within three years of it coming into force.
  
"And more troubling, they persist despite widespread awareness of their existence by various responsible governments and authorities and in the face of previous orders from this court on October 3, 2012 to remedy them," it said

RTE : शिक्षकों की कमी पर केंद्र व राज्यों को नोटिस

RTE : शिक्षकों की कमी पर केंद्र व राज्यों को नोटिस

Tags :
UPTET  / टीईटी / TET - Teacher Eligibility Test Updates / Teacher Recruitment News/  RTE  / RIGHT TO EDUCATION ACT


याचिकाकर्ता ने लगाया है शिक्षा का अधिकार कानून के उल्लंघन का आरोप 

नई दिल्ली (ब्यूरो)। देशभर के स्कूलों में शिक्षकों और संसाधनों की कमी के चलते शिक्षा के अधिकार कानून (आरटीई) के उल्लंघन के आरोप पर सुप्रीम कोर्ट ने शुक्रवार को केंद्र व सभी राज्य सरकारों से जवाब तलब किया। सर्वोच्च अदालत में दायर याचिका में इस कानून पर सही तरीके से अमल कराने के लिए सरकारों को निर्देश जारी करने की मांग की गई है।
चीफ जस्टिस पी. सदाशिवम की अध्यक्षता वाली पीठ ने केंद्र, राज्य व केंद्र शासित प्रदेशों को नोटिस जारी कर ग्रीष्मावकाश के बाद जवाब दाखिल करने को कहा है। याचिका नेशनल कोलीशन फॉर एजुकेशन संगठन ने दायर की है। याचिका में कहा गया है कि संसाधनों की कमी और आरटीई के प्रावधानों को लागू करने में विफलता के कारण शिक्षा के क्षेत्र में काफी गिरावट आई है। पीठ के समक्ष वरिष्ठ अधिवक्ता कोलिन गोंसाविस ने सभी राज्यों को छह महीने के भीतर दूर-दराज के इलाकों का अध्ययन करने का निर्देश जारी करने का आग्रह किया। साथ ही कहा कि यह प्रक्रि या पूरी होने के बाद छह महीने के लिए नये स्कूलों का निर्माण होना चाहिए।


News Source / Sabhaar : Amar Ujala (12.04.2014)

TNTET : GO Issued on TET Weightage Marks

TNTET : GO Issued on TET Weightage Marks

 CHENNAI News

TNTET  / टीईटी / TET - Teacher Eligibility Test Updates / Teacher Recruitment  /SARKARI NAUKRI NEWS  / SARKARI NAUKRI News

http://tntet.blogspot.com/

Tamilnadu TET |Teachers Eligibility Test|CompulsoryEducation Act | RIght To Education Act | TNTET

See News
Days after giving a relaxation of five per cent marks in the Tamil Nadu Teacher Eligibility Test (TET) for the reserved category candidates, the State government on Friday issued orders giving corresponding concessions with regard to ‘weightage of marks’ as well.

As per the GO issued on Friday, those who scored less than 90 will be given additional 36 marks as ‘weightage’ for selection as government school teachers based on TET results. This means that those who scored less than 90, but more than 82 (after the revision in cutoff marks) will benefit from the order.

The GO would also be applicable while finalising the selection list of the TET 2013,  held on August 17 and 18, and for all future tests with respect to the candidates belonging to the reserved categories.

Chief Minister J Jayalalithaa on February 3 had announced in the State Assembly: “Though it has been fixed that candidates have to score 60 per cent marks to secure a pass in the TET, the candidates belonging to SC/STs, BCs, MBCs, BCs among the Muslims, Denotified Communities and Differently-abled would be given a concession of five per cent. Hence, they can pass the examination if they score 55 per cent of marks instead of 60 per cent.”

Subsequently, School Education Department had clarified that the reserved category candidates needed 82 marks to clear the TET. With Friday’s GO, the department said those who scored less than 90, but more than 82 would also get ‘weightage of marks’.

News Source / Sabhaar : newindianexpress.com (15.02.2014)
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Quota Only For Jobs, Not For TET'



    Teachers writing TET test.
    Teachers writing TET test.

Higher Education Minister P Palaniappan on Saturday clarified that reservation policy would be followed only for appointment of teachers and not for the Teachers Eligibility Test (TET) conducted by the Teachers Recruitment Board.

Replying to the requests of members of various parties to adopt reservation policy for the TET too, the Minister said the objective of the government was to appoint qualified teachers to the schools.  For the SSLC and Higher Secondary examinations, reservation policy was not being followed and the eligible marks were similar for all.  Once candidates pass the TET, then reservation would be applicable for their appointment, he added.

When the members pointed out that the National Council for Teacher Education (NCTE), in its guidelines had allowed State governments in giving concessions for candidates of certain sections in deciding pass marks, Minister said they were only guidelines and not mandatory.

Already, the Tamil Nadu State Platform for Common School System had filed a complaint with the National Commission for Scheduled Castes against the TRB for not adopting the reservation policy in the conduct of TET in Tamil Nadu.

Following the complaint, the Commission had sent notice to the TRB seeking explanation.

Restore denotified Tribe status: AIFB

All India Forward Bloc (AIFB) member PV Kathiravan on Saturday urged the State government to restore the Denotified Tribes status to the people of these communities instead of calling them as Denotified Communities.  Since 1914 till 1979, the Denotified Tribes title remained and as a result, the members of this Tribes received many concessions from the State government.  However, after changing the status to Denotified Communities, they had been denied the concessions

DMK announces session boycott

DMK floor leader MK Stalin on Saturday announced that the party would boycott the rest of the current session of the State Assembly as a mark of protest to the attitude of the Speaker towards the DMK members

DMDK member praises jaya

DMDK MLA Arun Pandian praised CM J Jayalalithaa during the question hour.  “We were all  manufactured by your company. But we still remain under some other ‘brand’...when shall our ‘brand’ name change?”

News Source / Sabhaar : newindianexpress.com (02.02.2014)

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CM giving up quota in TET, says Karunanidhi

“Demand for relaxing minimum marks for reserved category in test has gone unheeded”

Dravida Munnetra Kazhagam (DMK) president M. Karunanidhi on Wednesday charged Chief Minister Jayalalithaa with giving up the principles of reservation in selection of teachers in Teachers Eligibility Test (TET) conducted by the Teachers Recruitment Board in August 2013.

In a statement, Mr. Karunanidhi said that he demanded relaxation of minimum marks for the reserved category in TET. But, it went unheeded.

Quoting the recent order of National Commission for Scheduled Castes, which asked the State government to initiate action against erring officials responsible for non-implementation of the policy, he said: “The officer concerned would not have acted on his own. Hence, it is evident that the Chief Minister is at fault. Will the Chief Minister accept her fault and compensate backward class people adequately by filling the posts,” he asked.

The State government had fixed 60 per cent as pass mark for all categories in the TET exam. It was against the National Council for Teachers Education guidelines. It also went against the social justice principle of E.V. Ramasamy Periyar and the reservation policy, he added.

News Source : thehindu.com (30.01.2014)
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TNTET : Writ Petition Regarding Wrong Questions in TNTET 2013 in Madras High Court

TNTET : Writ Petition Regarding Wrong Questions in TNTET 2013 in Madras High Court

1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.11.2013
CORAM:
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU
W.P.(MD)Nos.18223 to 18225 & 18286 of 2013
and
M.P.(MD).No.1 of 2013 in W.P(MD)No.18223 of 2013
and
M.P.(MD).No.1 of 2013 in W.P(MD)No.18224 of 2013
and
M.P.(MD).No.1 of 2013 in W.P(MD).No.18225 of 2013
W.P.(MD).Nos.18223 to 18225 of 2013:
N.Kalai Selvi
.. Petitioner in
W.P.(MD).No.18223/2013
K.Dhanaa
.. Petitioner in
W.P.(MD).No.18224/2013
A.Jegan Selvaraj
.. Petitioner in
W.P.(MD).No.18225/2013
Vs.
1.The State of Tamil Nadu,rep. by its Principal Secretary,Department of School Education,
Fort St. George, Chennai -09.
2.The Secretary,
Teachers Recruitment Board,
EVK Sampath Maaligai,
2
DPI Compound, College Road,
Chennai - 06.
.. Respondents in
all the petitions
Prayer in W.P.(MD).No.18223 of 2013:
Writ Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Declaration, to declare that the final key
answer provided for the question paper in TNTET-1 (Paper-I), Booklet Series-A,
pertaining to question Nos.3, 27, and 71, provided by the respondent No.2, as
incorrect and accordingly, direct the respondent No.2 to award three more
marks in addition to the marks secured by the petitioner, i.e., 89 out of 150
and to declare the petitioner bearing Roll No.13TE20102683 to have passed in
TNTET Paper-I, 2013, within a stipulated time.
Prayer in W.P.(MD).No.18224 of 2013:
Writ Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Declaration, to declare that the final key
answer provided for the question paper in TNTET-1 (Paper-I), Booklet Series-D,
pertaining to question Nos.17, 18, 22 and 66, provided by the respondent No.
2, as incorrect and accordingly direct the respondent No.2 to award four more
marks in addition to the marks secured by the petitioner, i.e., 88 out of 150
and to declare the petitioner bearing Roll No.13TE16101069 to have passed in
TNTET Paper-I, 2013, within a stipulated time.
3

TNTET : Supreme Court rejects plea against Tamil Nadu's decision to fix cut off marks

Tamilnadu TET |Teachers Eligibility Test|Compulsory 

Education Act | RIght To Education Act | TNTET

The Supreme Court on Friday dismissed a plea against the Tamil Nadu government's decision to fix 60 % cut off marks in the state Teacher Eligibility Test conducted this year.
"We find it difficult to accede to the request of the counsel. The question as to whether the cut off marks stipulated for the reserved category candidates have to be reduced or not, is entirely a matter for the State Government to decide," a bench of justices KS Radhakrishnan and A K Sikri said.
"The court exercising writ jurisdiction cannot grant such relaxation/concessional marks, as the same is the decision to be taken by the State Government," it said.
A Marx, a professor, had said that fixing 60 % as uniform qualifying marks is illegal and violative of Article 16(4) of the Constitution and state government is required to fulfill the constitutional obligation in allocating minimum qualifying marks based on communal reservation.
Rejecting the plea, the apex court said the state authorities, in their wisdom, fixed the cut off marks and the "court cannot substitute its views to that of the experts. We, in such circumstances, are not inclined to interfere with these special leave petitions and the same are dismissed".
Earlier, the Madras High Court had also refused to grant relief saying this is a policy matter
News Source : dnaindia.com/ (13.12.2013)

TNTET : न्यूनतम अंक तय करने के खिलाफ याचिका खारिज

TNTET : न्यूनतम अंक तय करने के खिलाफ याचिका खारिज

NCTE Clearly Specifide in its Guidelines that relaxation below 60% for SC/ST/PH etc. categories is in the hands of State Govt/Selection Authorities.

And similar RIGHTS used by Tamilnadu Government to Make Pass Marks 60% in its TET Examination for All.
Court has also follow the written procedures / regulation/ constitution and I felt on simlar lines this Judgement -
60% Pass Marks for All Category
comes out.

See this : 

Qualifying marks

9 A person who scores 60% or more in the TET exam will be considered as TET

pass. School managements (Government, local bodies, government aided and unaided)

(a) may consider giving concessions to persons belonging to SC/ST, OBC,

differently abled persons, etc., in accordance with their extant reservation

policyhttp://www.ncte-india.org/RTE-TET-guidelines%5B1%5D%20%28latest%29.pdf
*****************
NCTE ne Spasht Kiya Hai Ki TET Pass marks 60 % hain, Halanki Management / Govt ko right hai apnee policy ke anusaar is marks mein chhot / relaxation dene ka.
Koee Ye Soche ki Ye Judgement Govt ke favor mein hai Ya Kisee aur ke Favor mein, Aisa Nahin Hai.
Supreme Court ne wahee Kaha / Kiya Jo Rules mein Likhaa Hai.

Tamilnadu Govt. ne Sabke Liye TET Passing Marks 60% Rakhe Hain aur usko yeh karne ke Powers thee.
See News :

न्यूनतम अंक तय करने के खिलाफ याचिका खारिज

नई दिल्ली (एजेंसी)। उच्चतम न्यायालय ने तमिलनाडु में शिक्षकों के लिए पात्रता परीक्षा में न्यनूतम 60 फीसद अंक निर्धारित करने के राज्य सरकार के निर्णय को चुनौती देने वाली याचिका खारिज कर दी। न्यायमूर्ति केएस राधाकृष्णन और न्यायमूर्ति एके सीकरी की खंडपीठ ने शुक्रवार को याचिका खारिज करते हुए कहा, ‘ हमारे लिए वकील के इस अनुरोध को स्वीकार करना मुश्किल है। आरक्षित वर्ग के प्रत्याशियों के लिये न्यूनतम अंक घटाने के सवाल पर पूरी तरह से राज्य सरकार को ही निर्णय लेना है।’ न्यायाधीशों ने कहा, ‘ रिट न्यायाधिकार का इस्तेमाल करके न्यायालय अंकों में किसी प्रकार की रियायत नहीं दे सकता क्योंकि यह निर्णय राज्य सरकार को ही करना होगा।’ प्रो. ए. मार्क्‍स का तर्क था कि सभी के लिए एक समान योग्यता अंक निर्धारित करना गैरकानूनी है और इससे संविधान के अनुच्छेद 16(4) का उल्लंघन होता है। संप्रदाय के आरक्षण के आधार पर पात्रता के लिये न्यूनतम अंक निर्धारित करना राज्य सरकार के लिए आवश्यक है। इससे पहले, मद्रास उच्च न्यायालय ने भी इसे नीतिगत मामला बताते हुए इसमें किसी प्रकार की राहत देने से इनकार कर दिया था।

News Sabhaar : rashtriyasahara.com (14.12.2013) / http://www.rashtriyasahara.com/epapermain.aspx?queryed=10&querypage=1&boxid=17215946&parentid=47150&eddate=12/14/13

TNTET : No teacher job without clearing eligibility test’

TNTET : No teacher job without clearing eligibility test’

Tamilnadu TET |Teachers Eligibility Test|Compulsory 

Education Act | RIght To Education Act | TNTET

CHENNAI: The Madras high court has dismissed a batch of petitions from teacher trainees seeking appointment as secondary school teachers and graduate assistants on the ground that they did not clear the Teacher Eligibility Test (TET) as prescribed in the RTE Act.

Passing an order, Justice D Hariparanthaman on Monday observed that the petitioners have staked their claim to the posts based on the verification of their certificates done by the Teachers Recruitment Board (TRB) during 2010-11 without insisting on TET. "If the plea is accepted, then more than 20,000 persons could get entry without the minimum qualification of TET. This court cannot issue such a direction to appoint them contrary to statutory provisions and constitutional mandate. Hence all petitions are dismissed," the judge said and cited a 2010 Supreme Court order in this regard.



The SC had held that the appellants did not have an indefeasible right to claim appointment against advertized posts and that the vacancies have to be filled up as per statutory rules in conformity with the constitutional mandate.

Delving into the history of recruitment of teachers, Justice Hariparanthaman noted that at various times, the local authorities and the state education department had applied different yardsticks of selection - sometimes going by merit and at other times depending on seniority in employment exchange registration.

A government order (GO) dated August 17, 1987 had made it clear that all recruitments by TRB should be on merit, not based on employment exchange seniority. However, in 1990 yet another GO was issued dispensing with the selection procedure and contemplating selection strictly based on seniority in registration with employment exchanges.

In a GO issued on November 15, 2011, the Tamil Nadu government said the recruitment of secondary grade teachers will be based on the statewide employment exchange seniority and the graduate teachers for classes six to ten will be recruited based on TET. Four petitioners, however, wanted secondary school teachers to be recruited based on merit.

If the plea is accepted, then more than 20,000 persons could get entry without the minimum qualification of TET. This court cannot issue such a direction.


News Source / Sabhaar : articles.timesofindia.indiatimes.com (24.9.13)