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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. KRISHNAKUMAR, J.
K. Vasudevan - Appellant
Versus
The Principal Secretary to Government, School Education Department, Secretariat, Chennai & Others - Respondent
W.P.Nos. 28284, 28287, 28288, 28291 of 2021 & W.P.Nos. 1813, 2128, 2126 & 6634 of 2022
Decided On : 07-04-2022
Mandamus - Teachers' Eligibility Test - RTE Act, 2009 - Section 23(1) - G.O.Ms.No.181, School Education Department, dated 15.11.2011 - TET - Annual Increment - Post Graduation - [RTE Act, 2009, Section 23(1), G.O.Ms.No.181, School Education Department, dated 15.11.2011]
Fact of the Case:
The petitioners sought a Writ of Mandamus directing the respondents to sanction annual increment and incentive increment for having acquired Post Graduation without reference to passing of Teachers Eligibility Test (TET). The petitioners were appointed prior to 2011 and their appointment was approved without any condition. The respondents stopped the payment of annual increment on the premise that the petitioners have to pass TET.
Finding of the Court:
The court found that the RTE Act, 2009, Section 23(1) mandates a person seeking appointment in schools covered under the Act to possess minimum qualifications as laid down by the Academic Authority. The court also noted that the Ministry of Human Resources Development, Department of School Education and Literacy, made an amendment to Section 23 of the RTE Act, 2009, requiring teachers to acquire minimum qualifications within a period of four years from the date of commencement of the amendment. The court concluded that the petitioners, who did not possess the minimum qualification of pass in TET, are not entitled to continue their service in the schools/educational institutions.
Issues: The main issue was whether the petitioners, who did not possess the minimum qualification of pass in TET as per RTE Act, 2009, are entitled to annual increments and to continue in service as Teachers.
Ratio Decidendi: The court held that the petitioners, who did not possess the minimum qualification of pass in TET, are not entitled to continue their service in the schools/educational institutions as per the RTE Act, 2009, and the amendment requiring teachers to acquire minimum qualifications within a specified period.
Final Decision: The relief sought for by the petitioners was rejected, and the respondents were directed to ensure strict compliance with the instructions and guidelines related to TET examinations. The writ petitions were dismissed with the above directions.
JUDGMENT
(Prayer in W.P.No.28284 of 2021: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to sanction annual increment to the petitioner in the post of B.T. Assistant (Maths) in the 4th respondent school from the year 2012 as well as the incentive increment for having acquired B.Sc., (Maths) without reference to passing of Teachers Eligibility Test (TET) with all consequential and other attendant benefits, based on the representation submitted by the petitioner dated 17.12.2021.)
Common Order:
The issue involved in these writ petitions are one and the same and as such, they are taken up together and disposed of by this common order.
2. The prayer in these writ petitions is for a Mandamus directing the respondents to sanction annual increment to the petitioners 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, based on the representation submitted by the petitioners.
3. After the advent of Right of Children to Free and Compulsory Education Act, 2009 [in short 'RTE Act'], the National Council for Technical Education (NCTE) was appointed as academic authority under Section 23(1) of the Act, who issued Notification dated 23.08.2010 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 as one of the eligibility condition prescribed therein. Subsequently, NCTE issued notification dated 27.09.2011, amending the earlier notification dated 23.08.2010. As per the NCTE notification, passing of TET, conducted by the appropriate Government has to be considered as one of the eligibility condition for appointment to the post of teachers for taking classes to Standards I to VIII.
4. Consequently, 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.
5. The petitioners 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 the third respondent herein stopped the payment of annual increment in the post of B.T. Assistant on the premise that the petitioners have to pass TET Test. It is the grievance of the petitioners that TET cannot be insisted as per G.O.Ms.No.181, School Education Department dated 15.11.2011, in respect of appointment already made prior to the aforesaid Government order and also duly approved by the Department and therefore, insisting upon passing of TET is totally arbitrary and unreasonable and therefore, they have filed the present writ petitions seeking for a direction to 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, based on the representation submitted by the petitioners.
6. The District Education Officer, Central Chennai, Chennai-15 has filed individual counter affidavits stating that the State Government has carefully examined the issue on the line of the orders of the Hon'ble Supreme Court in SLP(C)No.18227-18228 dated 28.08.2008 and NCTE Guidelines and issued the following orders in respect of change of policy for recruitment of Secondary 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 C
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Eligibility for teacher appointments in State-run institutions strictly requires passing TET per State regulations, as CTET alone does not suffice.
The Teacher Eligibility Test (TET) is a mandatory qualification for all candidates seeking appointment as teachers in elementary education, effective from the notification date of 23.08.2010, and can....
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