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2013 DIGILAW 527 (MAD)

P. Sangeetha v. Government of Tamilnadu Rep. by the Secretary to Government Department of School Education

2013-01-23

K.CHANDRU

body2013
Order: 1. In all these Writ Petitions, the petitioners have qualified with a Diploma in Education and are seeking for granting concession in the matter of qualifying marks in terms of G.O.(Ms.) No.181, School Education (G2) Department dated 15.11.2011 in respect of the Tamil Nadu Teachers Eligibility Test conducted during the year 2012. By the G.O. (Ms.) No.181, School Education Department dated 15.11.2011, the State Government issued orders for conducting Teacher Eligibility Test, pursuant to the obligation vested on the State Government in view of Right of Children to Free and Compulsory Education Act, 2009 (for short RTE Act). 2. The State Government in paragraphs 7 and 8 of the said G.O. directed as follows: "7. The Government carefully examined on the lines of the orders of Supreme Court of India in SLP © No.18227=18228 dated 20.8.2008 and National Council for Teacher Education guideline and issue the following orders in respect of change of policy for recruitment of Secondary Grade 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 Court of India. (ii) In respect of Graduate Assistants (B.T. Teachers Recruited by TRB for the classes VI to X) in all Middle Schools, High/Higher Secondary Schools, selection through written examinations ("Teacher Eligibility Test_ in accordance with the guidelines framed by National council for Teacher Education and certificate verification, will be followed. (iii) The Teachers Recruitment Board is designate as the Nodal Agency for conducting of Teacher Eligibility Test and recruitment of Teachers. 8. Guidelines for conducting Teacher Eligibility Test is enclosed in the Annexure to the Government Order." 3. In annexure to the G.O, guidelines were also set out for conducting Teacher Eligibility Test. In paragraph 9 of the guidelines, it is stated that a person who scores 60% or more in the TET exam will be considered as TET pass. It applies to all School managements whether Government, local bodies, Government aided or unaided. It was also observed that it may consider giving concessions to persons belonging to SC/ST, OBC, differently baled persons, etc., in accordance with their extent reservation policy. 4. Subsequently, the Teachers Recruitment Board made an advertisement dated 7.3.2012 notifying the conducting of Tamil Nadu Teacher Eligibility Test (TNTET)-2012. Pursuant to the said advertisement, the petitioners applied for the post. It was also observed that it may consider giving concessions to persons belonging to SC/ST, OBC, differently baled persons, etc., in accordance with their extent reservation policy. 4. Subsequently, the Teachers Recruitment Board made an advertisement dated 7.3.2012 notifying the conducting of Tamil Nadu Teacher Eligibility Test (TNTET)-2012. Pursuant to the said advertisement, the petitioners applied for the post. Subsequently, when they did not secure 60% marks, they started claiming a special weight-age in respect of SC/ST, OBC and differently abled persons in terms of the guidelines issued by the State Government referred to above and they also stated that 5% concession should be given to the reserved candidates. If 5% concession is made, then there is a chance for the petitioners being declared as a pass in the Teacher Eligibility Test. When the same was not forthcoming, this batch of Writ Petitions were filed both in the Madras Bench as well as in the Madurai Bench of this Court. 5. It is noted that when large number of persons failed in the test and there is a pressure for the Government to redo the exercise, they issued G.O.Ms.No.222, School Education Department dated 24.8.2012. In paragraph 6 of the said G.O, it was ordered as follows: "6. The Teachers Recruitment Board has declared the results of the recently held Teacher Eligibility Test. It is seen that only 0.36% of the candidate who appeared for both paper-I and paper-II have been declared eligible with the prescribed cut off of 60%. Keeping in mind the welfare of the children and the need for Teachers to be recruited at the earliest in the vacant positions, the Government directs the Teachers Recruitment Board, to conduct another Teacher Eligibility Test for those candidates, who have not obtained 60% marks. The candidates so found to be ineligible may be given another opportunity to appear in the test and make themselves eligible. The TET will be conducted before the end of October, 2012. The Teachers Recruitment Board to make all arrangement for the same and announce the date of the examinations well in advance in order to give sufficient time to the candidates to prepare for the same. The Teachers Recruitment Board to increase the duration of both Paper-I and Paper-II from one and a half hours to three hours." 6. The Teachers Recruitment Board to make all arrangement for the same and announce the date of the examinations well in advance in order to give sufficient time to the candidates to prepare for the same. The Teachers Recruitment Board to increase the duration of both Paper-I and Paper-II from one and a half hours to three hours." 6. Subsequently, as there was some observation made by this Court in W.P.Nos.24507 and 24631 of 2012 vide judgment dated 21.9.2012, the State Government has issued another Government Order in G.O.(Ms.) No.252, School Education Department dated 5.10.2012. A Committee was constituted under the Chairmanship of Hon'ble Minister for School Education, Sports and Youth Welfare and the Principal Secretary to Government, School Education Department, the Chairman of Teachers Recruitment Board and the Director of School Education were other members. After considering the orders passed by this Court, the State Government has accepted the recommendations of the Committee and directed the Teachers Recruitment Board to adopt modalities by giving weight-age of marks for selection and appointment of Secondary Grade Teachers and Graduate Assistants. Therefore, insofar as the weight-age of marks in respect of TNTET was concerned, weight-age of 60 marks was given. 7. Subsequent to GO.(Ms.)No.222, dated 24.8.2012 and G.O.(Ms.) No.252, dated 5.10.2012 and on direction from this Court, a counter affidavit has been filed by the Member (School Education) of the Teachers Recruitment Board on behalf of the Board dated 'Nil' of January 2013. After narrating the issuance of the two Government Orders, in paragraphs 7 and 8, it was averred as follows: "7. I submit that the Nodal Agency viz., the Teachers Recruitment Board has conducted the Tamil Nadu Teacher Eligibility Test on 12.7.2012 and supplementary examination on 14.10.2012, thus the Nodal Agency has already conducted the Tamil Nadu Teacher Eligibility Test and make the valuation and finalized the results in accordance with the procedure laid down as per the Central Act and as well as the G.O.(Ms.) No.181, School Education Department dated 15.11.2011. The Teachers Recruitment Board is only Nodal Agency and as per the guidelines issued by the Government vide in G.O.Ms.No.181 SE Department dated 15.11.2012 conduct the Teachers Eligibility Test Examination. According to the guidelines issued by the Government that the qualifying marks for a pass in the Tamil Nadu Teachers Eligibility Test has been fixed as 60% and above i.e 90 marks out of 150. According to the guidelines issued by the Government that the qualifying marks for a pass in the Tamil Nadu Teachers Eligibility Test has been fixed as 60% and above i.e 90 marks out of 150. Further the general information in the prospectus clearly instructed as follows: a. The Teacher Eligibility Test is only a pre-requisite eligibility test for those who are seeking appointment as a Teacher. b. For appointment of Teachers, the Teachers Recruitment Board will follow separate selection procedures. c. The Teachers Recruitment Board conducts this test as a Nodal Agency for the Government of Tamil Nadu. d. Recruitment of Teachers will be conducted separately as and when there is need following the guidelines of the Government of Tamil Nadu and the Communal Roaster in vogue. 8. I submit that the Teacher Eligibility Test and qualifying marks is fixed in order to get quality teachers to teach the children all over country. As a policy State Government has taken a decision not to compromise an quality of Teachers and relaxation need not be given to any category of candidates." 8. Notwithstanding the same, the petitioners contended that the persons who belong to other than the General Categories must be given weight-age. In some of the Writ Petitions, a reference was made to the notification issued by the Government of Andhra Pradesh in respect of the Teachers Eligibility Test, wherein in respect of the Teachers' eligibility test, they have given separate qualifying of marks for different communal roaster. 9. It is not clear as to how the procedure adopted by the Andhra Pradesh Government is binding on the Tamil Nadu Government. Insofar as the recruitment by the Teachers Recruitment Board for the Tamil Nadu State is concerned, the State is the appointing authority. In terms of Article 309 of the Constitution of India, it is empowered to frame recruitment rules. Therefore, the requirement of a pass in the Teacher Eligibility Test for being considered for a post either in the State Government or Private Schools, is mandated by the RTE Act. There cannot be different marks given in respect of different communal roster. If the State Government do not consider relaxing the condition, it is not for this Court to grant any such direction for relaxing those standards. 10. In the instant cases, for conducting the test, two Government Orders came to be passed. There cannot be different marks given in respect of different communal roster. If the State Government do not consider relaxing the condition, it is not for this Court to grant any such direction for relaxing those standards. 10. In the instant cases, for conducting the test, two Government Orders came to be passed. A committee was appointed pursuant to the direction issued by this Court, which had gone into the issue. It was decided not to relax the standard from the minimum pass percentage. As rightly stated in the counter affidavit, the qualifying marks for a pass in the Tamil Nadu Teachers Eligibility Test has been fixed as 60% and above and the Teacher Eligibility Test is only a pre-requisite eligibility test for appointment as a Teacher. The qualifying marks are fixed in order to get quality education to teach the Children. The State Government has taken a policy decision not to compromise on the quality of Teachers and decided not to grant relaxation. When such a decision has been taken by the State Government, this Court is not inclined to consider the submissions made by the learned counsel for the petitioners and no such direction can be issued by this Court to the respondents to relax the standard or lower the standard, as contended by the petitioners. 11. After noting the pass percentage in the test, which is conducted on 12.7.2012, the State Government also conducted a second qualifying test which was fully conducted on 14.10.2012. 12. The contention of the petitioners that in some other State relaxation has been given has no relevance to the cases on hand. Further, the Supreme Court has an occasion to consider the necessity of Teachers to pass the Teacher Eligibility Test so as to be appointed as Teachers in respect of teaching in various Schools. The Supreme Court in Bhartiya Seva Samaj Trust through President and another vs. Yogeshbhai Ambalal Patel and another reported in (2012 ) 9 SCC 310, in paragraph 26 had observed as follows: "26. In view of the above, education and particularly that elementary/basic education has to be qualitative and for that the trained teachers are required. The legislature in its wisdom after consultation with the expert body fixes the eligibility for a particular discipline taught in a school. In view of the above, education and particularly that elementary/basic education has to be qualitative and for that the trained teachers are required. The legislature in its wisdom after consultation with the expert body fixes the eligibility for a particular discipline taught in a school. Thus, the eligibility so fixed requires very strict compliance and any appointment made in contravention thereof must be held to be void." 13. In the light of the direction given by this court as well as the Supreme Court, all the Writ Petitions stand dismissed. No costs. The connected Miscellaneous Petitions are closed.