Teachers appointed before 23.08.2010 are exempt from TET for transfer to B.T. Assistant roles, aligning with established legal precedents.

O R D E R

This Writ Petition has been filed challenging the proceedings of the third respondent in G.O.[ID]No.134 School Education [Pa.Ka5(1)] Department dated 18.08.2021 as ultravires the Right to Children to Free and Compulsory Education Act , 2009 and the Rules framed thereunder and also the NCTE Notification dated 23.08.2010 and 29.07.2011 and for a consequential direction to the respondents forbearing them for transferring the Block Resource Teacher Educators (BRTE) as B.T. Assistants without possessing of TET pass eligibility.

2. The grievance of the petitioner in the present Writ Petition is that as per G.O. Ms.No.16 dated 05.02.2002, the BRTEs appointed under Sarva Shiksha Abhiyan Scheme are interchangeable with BT Assistant in Government School. Accordingly, the third respondent Government has been appointing 500 BRTEs as B.T. Assistants by transfer every year. The requisite essential qualifications for both BRTEs and B.T. Assistants are the same. However, after passing of the RTE Act and notifications issued by the NCTE, a TET pass is mandatory for appointment/promotion/transfer as B.T. Assistant. Therefore, according to the petitioner, the BRTEs, who do not have TET qualification cannot be transferred and appointed as B.T.Assistants by the Government year after year without possessing TET pass. It is under these circumstances, the Government Order in G.O.(1D)

No.134 dated 18.08.2021 has been put to challenge.

3. The sixth respondent has filed a counter affidavit. The relevant portions in the counter affidavit are extracted hereunder:

6. I submit that it is pertinent to note that Block Resource Teachers Educators BRTES) were appointed under Sarva Shiksha Abhiyan (SSA) scheme from the year 2002 until 2010 under G.O.Ms.No. 16, School Education Department, dated 05.02.2002 onwards in the cadre of B.T. Assistants at Block Resource Centers and Cluster Resource Centers. It is also pertinent to note that they were all recruited through a selection process conducted by the Teachers Recruitment Board by following norms prevailing at the relevant point of time. I submit that all the Block Resource Teachers Educators (BRTEs) were appointed with qualification of degree in respective subjects along with B.Ed degree.

7 I submit that as per G.O.Ms.No.52, School Education (c2) Department, dated 30.03.2006 the post of B.T. Assistant working in government schools and Block Resources Teacher Educators (BRTES) are interchangeable in nature by following the General and Special Rules applicable to permanent post of School Assistants in category 1 Class I of the Tamil Nadu School Education Subordinate Service. It shall apply to the holder of the temporary post of Block Resource Teacher Educators (BRTEs) under Sarva Shiksha Abhiyan Scheme sanctioned from time to time.

Accordingly the senior most Block Resource Teacher Educators (BRTES) have been included in the eligible list of Block Resource Teacher Educators transfer to the post of B.T. Assistant in government schools based on needs for teaching 9th and 10th standard students 8 I submit that transfer of Block Resource Teacher Educators to B.T. Assistant at government school is like routine transfer. I submit that TET was made mandatory to the post of Graduate Assistant and B.T. Assistant pursuant to introduction of Right of Children to Free and Compulsory Education Act as rightly held by this Hon'ble Court and Hon'ble Apex Court, TET cannot be made mandatory for the teachers who were appointed before introduction of the said act. Accordingly in the present case Block Resource Teacher Educators were recruited from the year 2002-2010 i.e. prior to implementation of Right of Children to Free and Compulsory Education Act and therefore TET is exempted to Block Resource Teacher Educators as they were appointed much before the implementation of the said Act. I submit that it is pertinent to note that in the last recruitment conducted for the post of Block Resource Teacher Educators nearly 1000 candid