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2016 DIGILAW 1103 (JHR)

Nazia Tabassum daughter of Md. Ibrahim v. State of Jharkhand

2016-07-20

ANANDA SEN

body2016
ORDER : Heard the parties. 2. In this writ petition, the petitioners have prayed for a direction upon the respondent authorities, not to conduct the Teacher Eligibility Test (for short TET) on the ground that number of posts of Assistant Teachers are still vacant and there are numerous persons, who are TET qualified, are still to be appointed. 3. Counsel for the petitioners submits that the persons, who have already qualified the Teacher Eligibility Test held in the year 2013 for the purpose of employment, may not compete with the freshers in any forth coming recruitment process, if fresh TET is held. It is further submitted that in the year 2013, for class VI to VIII, altogether 43,514 candidates including the petitioners became eligible to be appointed but the Government appointed only 3,963 persons, therefore, 40230 TET passed candidates, including the petitioners, are yet to be appointed as Assistant Teachers. It is also submitted that so far as appointment of teachers for class I to V is concerned, out of 22,850 vacancies, only 17,273 posts were filled up. He further submits that in this background, holding a fresh Teacher Eligibility Test will add up to the numbers of TET qualified persons only, reducing the chance of getting employment. 4. Counsel for the State submits that no Teacher Eligibility Test has been conducted after the year 2013. In a Public Interest Litigation being WP(PIL) No. 3777/2015, the State informed the Hon'ble Court that the Jharkhand Academic Council (JAC) will conduct the Teacher Eligibility Test by enhancing the duration of examination from 1 ½ hours to 2 ½ hours on regular basis i.e. once in every year. He further submits, that, Teacher Eligibility Test has to be conducted on yearly basis as per NCTE guidelines, which cannot be flouted. 5. Having heard the rival submissions of the parties, I find that the petitioners have made prayer in this writ petition that no Teachers Eligibility Test can be conducted further without employing substantial number of persons who had qualified the said test in 2013. This is absolutely a preposterous prayer. It goes without saying that, if the Teacher Eligibility Test is not conducted on regular basis, fresh trained persons will be deprived from an opportunity of getting an employment, and similarly State will loose opportunity to employ meritorious candidates. This is absolutely a preposterous prayer. It goes without saying that, if the Teacher Eligibility Test is not conducted on regular basis, fresh trained persons will be deprived from an opportunity of getting an employment, and similarly State will loose opportunity to employ meritorious candidates. Further, as per NCTE guidelines, Teacher Eligibility Test should be conducted every year, for which a decision has already been taken by the State Government. 6. Thus, I find no reason to entertain this writ petition. The same is dismissed, accordingly.