Eligibility for teacher appointments in State-run institutions strictly requires passing TET per State regulations, as CTET alone does not suffice.

JUDGMNET :

Rakesh Thapliyal, J.

1. Appointment of the private respondents have been challenged by the petitioners who admittedly qualified TET Examination conducted by the State.

2. An advertisement was issued for appointment of the Assistant Teacher in primary institutions run by the State Government. The eligibility has been prescribed under 2012 Rules which was time to time amended in 2014 and lastly in 2016, and after last amendment of 2016, the advertisement was issued on 17.02.2016. Mr. V.B.S. Negi, learned senior counsel argued that 2016 amendment is based upon the NCTE Notification of 2010 followed by the subsequent notification of 2014 whereby relaxation was given to those candidates who were having B.Ed degree to qualify TET examination. He submits that as per 2014 Rules only TET trained are eligible to be appointed as Assistant Teacher in primary institution run by the State Government. He submits that so far as CTET qualified students are concerned, they are not eligible to be appointed as Assistant Teacher run by the State Government rather they are eligible to be appointed in the primary institutions run by the Central Government. In support of his argument, he refers Section 2 and 2(n) of the RTE Act which reads as under:-

“2(a) “appropriate Government” means –

(i) in relation to a school established, owned or controlled by the Central Government, or the administrator of the Union territory, having no legislature, the Central Government;”

Section 2(n)(i) of the 2009 Act reads as follows

“2(n) “school” means any recognised school imparting elementary education and includes –

(i) a school established, owned or controlled by the appropriate Government or a local authority.”

3. By referring the aforesaid definition clause, Mr. Negi submits that from the definition clause it is very clear that the appropriate government, in respect of the institution run by the Central Government is the Central Government and for the institution run by the State Government the appropriate Government is the State Government. He submits that the advertisement was issued in respect of the institutions run by the State Government, therefore, only TET trained candidates are eligible to the appointed and not CTET trained candidates.

4. N.C.T.E. also filed counter affidavit wherein it is stated that in respect of the institutions for which the advertisement has been issued, only TET trained candidates are eligible.

5. In furtherance of his arguments, Mr. V.B.S. Negi submits that the notification of the N.C.T.E. dated 23.08.2010, also referred guidelines issued by the Central Government on 11.02.2011 which is at page 615 of the paper book and clause 10 of guidelines is relevant which read as under:-

No. 76-4/2010/NCTE/Acad dated 11.02.2011

To, All Secretaries/Commissioners of Education of State Governments/UTs

Subject: Guidelines for conducting Teacher Eligibility Test (TET) under the Right of Children to Free and Compulsory Education Act (RTE) 2009

Sir/Madam,

In accordance with the provisions of sub-section (1) of Section 23 of the RTE Act, the National Council for Teacher Education (NCTE) had vide Notification dated 23^rd August, 2010 laid down the minimum qualifications for a person to be eligible for appointment as a teacher in classes I to VIII. It had been inter alia provided that one of the essential qualifications for a person to be eligible for appointment as a teacher in any of the schools referred to ion clause (n) of Section 2 of the RTE Act is that he/she should pass the Teacher Eligibility Test (TET) which will be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE.

In this regard, please find enclosed the Guidelines for conducting the Teacher Eligibility