P.I.L. ON T.E.T. TO SUPREME COURT BY VIJAY KUMAR HEER

To Honorable Chief Justice of India, Supreme Court of India, New Delhi. Subject: PIL on the matter of imposing Teacher Eligibility Test (TET) on eligible unemployed trained persons under Right to Education Bill 2009 Honorable Sir, With regards, I want to attract your attention towards the imposing Teacher Eligibility Test (TET) on eligible unemployed trained persons under Right to Education Bill 2009 in Himachal Pradesh like many other states in India. I want to challenge this TET on the following grounds in public interest. Firstly, it is also better to know how it is a petition in public interest. Lacs of unemployed youths in India want to be a professional teacher and they do this course mostly through a counseling process after entrance test. When they spend lacs of rupees on the said course and devote precious years of their career in doing the said teachers’ training course, they are now not asked to fight the commission for the post of said job, but they are asked to take TET(Teachers’ Eligibility Test) and if they get little score in it, they are given no more opportunity to become a teachers, however , they have successfully completed the said teacher training course e.g. JBT,L.T., O.T., E.T.T., D.P.Ed., B.P.Ed. etc. When they had been selected for these courses, they were eligible and when they successfully pass it, they are given a new surprise that they are ineligible due to the new test T.E.T. What is their fault ? Previous rules and regulations were made competent state education department or cabinet, issued NOC by MHRD/NCTE/AICTE/State Govt. which made them eligible to be a teacher and now, MHRD and NCTE sponsored TET makes them ineligible.As this petition is related to the right of lacs of treained unemployed youths in India(with my focus on HP), I want this petition to be registered in public interest. GROUNDS TO CHALLAENGE TEACHER ELIGIBILITY TEST (a) The Teacher Eligibility Test ( as the name specifies) indicates that the proposed test is to judge attitude and aptitude of any person towards teaching. So it may be considered as an admission test to the teaching course and the eligible candidates may be allowed to do the said course. If it is done, only TET qualified persons will be selected and there will be least chance to impose many tests on the qualified persons and they will also become better teacher. The persons who are not selected, will not invest heavy amount on the said teachers’ training course which will not waste their career and precious money. Guidelines for conducting Teacher Eligibility Test (TET) 1.Background and Rationale The implementation of the Right of Children to Free and Compulsory Education (RTE) Act, 2009 requires the recruitment of a large number of teachers across the country in a time bound manner. Inspite of the enormity of the task, it is desirable to ensure that quality requirement for recruitment of teachers are not diluted at any cost. It is therefore necessary to ensure that persons recruited as teachers possess the essential aptitude and ability to meet the chal enges of teaching at the primary and upper primary level. 2 In accordance with the provisions of sub-section (1) of section 23 of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, the National Council for Teacher Education (NCTE) has laid down the minimum qualifications for a person to be eligible for appointment as a teacher in class I to VIII, vide its Notification dated August 23, 2010. A copy of the Notification is attached at Annexure 1. One of the essential qualifications for a person to be Cont……….Page 1 eligible for appointment as a teacher in any of the schools referred to in 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. 3 The rationale for including the TET as a minimum qualification for a person to be eligible for appointment as a teacher is as under: i. It would bring national standards and benchmark of teacher quality in the recruitment process; ii. It would induce teacher education institutions and students from these institutions to further improve their performance standards; iii. It would send a positive signal to all stakeholders that the Government lays special emphasis on teacher quality 4 The TET examination may be conducted by a suitable professional body designated by the appropriate Government for the purpose. It will be conducted in accordance with the Guidelines hereunder. Eligibility 5 The following persons shall be eligible for appearing in the TET: i. A person who has acquired the academic and professional qualifications specified in the NCTE Notification dated 23rd August 2010. ii. A person who is pursuing any of the teacher education courses (recognized by the NCTE or the RCI, as the case may be) specified in the NCTE Notification dated 23rd August 2010. iii. The eligibility condition for appearing in TET may be relaxed in respect of a State/UT which has been granted relaxation under sub-section (2) of section 23 of the RTE Act. The relaxation wil be specified in the Notification issued by the Central Government under that sub-section. In light of the above guidelines issued by National Council of Teacher Education , New Delhi under the guidance of Ministry of Human Resource Development. I am attaching all the needed notifications issued by the NCTE in this regard. It is clear that the the main purpose of the Teacher Eligibility Test is concerned with quality education in teacher training . Under the Clause 3 (i) mentioned above, it is clear that It would bring national standards and benchmark of teacher quality in the recruitment process, would induce teacher education institutions and students from these institutions to further improve their performance standards& would send a positive signal to all stakeholders that the Government lays special emphasis on teacher quality. It is clear enough to understand that this Teacher Eligibility Test will be the key path to recruit better teachers for quality in teacher training. It is enough to consider that this test may be conducted at the time of recruitment for the Teacher Training Course to ensure that the persons having desired qualifications and potential , attitude and aptitude may be selected for the specific teacher training course and the selected candidates may be trained . It will result in better quality.Then why it has been done that the said Teacher Eligibility Test is being conducted instead of the Commission at the time of job when a person has obtained a diploma/degree in Teacher Training Course . (b) What is the logic of conducting the Teacher Eligibility Test on those persons who have been issued a valid certificate/diploma/degree in teaching on successful completion of the said course making the person eligible to be a teacher ? Isn’t it the insult of the said certificate/diploma/degree which says that the said person has successfully completed the said course to become a teacher? Cont……….Page 2 When the teacher training institutions certificates/diplomas/degrees are not enough to prove that the person is eligible to be a teacher, how this Teacher Eligibility Test make them eligible in just two hours ? If you make any person IAS, you take his entrance test (Aptitude Test) in objective sense and then some papers of theory , you qualify them to be a person eligible to be an IAS after interview and said training to be completed. But how ridiculous it will be there if they are now asked to pass the Administrator Eligibility Test? If yes, then why not to apply such tests for all posts ? Why ministers not pass Minister Eligibility Test? We are not against the Eligibility Test, but why it is not conducted at the time of entrance? Why such gatepass is necessary at the time of job, instead of at the time of admission in the Teacher Training Course ? (c) Any law or provision made is applied after the date of its passing in final form but Teacher Eligibility Test has been applied on the persons who have completed the said Teachers’ Training Courses decades ago. The persons who were eligible for Tecaher Training Courses have received the degrees/diplomas/certificates many years before making of Teacher Eligibility Test, and now many of them cannot apply for job because Teacher Eligibility Test asks them to produce the 50% marks in bachelor degree .Should they do the graduation again due to Teacher Eligibility Test? Should they be deprived of opportunity in teaching jobs now? Why this Teacher Eligibility Test is not applied only and only on the candidates who are supposed to take entrance in any teacher training course? If same law is must, why NCTE and MHRD has failed to develop the same pattern in last 60 years? If they have been failed, why the trained unemployeds should suffer ? In India, graduation years are different in pattern. Similarly, B.Ed. is if 9 months to 2 years. There are many such problems with subjects’ combination in graduation. It is better to deal with them early than too late to mend. If Teacher Eligibility Test is taken after 10+2,selected person will do graduation in education and his selected teaching subject where his skills are needed to be upgraded. It will increase quality in teacher training and the said trained graduates will get more learning in teacher training course. If anyone wants to do the graduation in any other stream, he can do it and come in education after qualifying the Teacher Eligibility Test after graduation which will be up in level. Hence, the recruitment of better teachers will start at young age. (d) The teaching is a noble profession, as honorable Supreme Court has given its verdict. I want to add that this work needs excellent command in both theory and practice. But is it the highest discrepancy in the Teacher Eligibility Test that there is no more place for showing the actual Classroom Teaching Skills which are the real need of quality education . If any person who is a great cramming guy , gets merit in Teacher Eligibility Test , he is given direct job on merit basis of Teacher Eligibility Test . It is happening in HP where direct jobs are been awarded to TGTs on the basis of merit in Teacher Eligibility Test . Hence, I ask you that the said Teacher Eligibility Test should be taken as entrance test than the test for job. Best formula for job is to take commission exam, give weightage to the marks achieved in teacher training course and also include the marks/grades obtained in whole academic career. Highly qualified youths should get high marks for M.Phil/Ph.D etc. Beyond that the interview should also be taken in the classrooms where these qualified candidates will be asked to teach the students for at least 15 minutes in CCTV camera recordings which may be issued if anyone objects on the said process under RTI. If Teacher Eligibility Test is not modified and replaced with the above set pattern, there will be clear compromise with quality in selection of the teachers India. We should recruit the best teachers than the theory grabbers. (e) Every state should have the sole right to relax TET to the persons who have done these teacher training courses before 2012. As the states are the final appointing authority, they should have at least special powers to relax TET on which MHRD and NCTE should not interrupt unlike the case of JBT batch 2008-10 in HP. Its details are as below:- Cont. Page 3…… In Himachal Pradesh, there are more than two thousand Junior Basic Teachers who have done their JBT training in the batch session 2008-10, but they are deprived of the jobs due to the interpretation of RTE act in the manner that TET is to be conducted on them now albeit they have already been selected through state level JBT entrance test . The test was conducted three times due to court disputes and hence, the selected candidates are meritious.They have done JBT coursed in DIETs for two years as per NCTE norms and when the time of appointment came, it has been said that RTE act is direct hindrance in their appointments. When RTE act was implemented in the state, these candidates were doing the JBT course which makes any candidate eligible for direct appointment as JBT. As the RTE act was implemented after the selection of these candidates, why TET is being conducted which has delayed their appointments since last year. It is really illogical that the trained JBTs have been harassed on the name of TET although they have been selected through common entrance test with the same syllabus of TET. The entrance tests conducted for recruitment of the teachers before implementation of the JBTs cannot be discarded as they were also NCTE/SCTE /NCERT/other recruitment boards based standards and the recruited/appointed teachers cannot be asked to give TET again. I demand clarification from you in written as this is a serious matter which will decide the future of trained JBTs in HP. Under the petition number PRSEC/E/2012/06919, President of India Office had forwarded the case to MHRD for reply. Honorable CM of HP had also written the letter to MHRD as relaxation in TET is must for these candidates. I want to add that in NCTE notification Dated 29.7.2011, it is said that if any advertisement or process by any institute or state has been started before the notification of RTE, then Regulation 2001 shall be implemented for those appointments (without TET). In 2005 Himachal Govt. has accepted in Supreme Court of India (Ravinder Baloria vs State) through its Dy. Education Secretary P.C.Dogra, that JBT training is a part of employment process in HP. Therefore Trained JBT of 2008-10 should have been exempted from the TET but it was not done and the candidates are on indefinite hunger strike on the legitimate cause as they have been awarded J.B.T. certificate by H.P.Board of School Education, Dharamshala(HP). After 18 months of this, they are asked to appear in TET.It is injustice in this context and no educated person can bear this joke as it is unbelievable . Page 4 . Continued ………………………………….. Page 5 The para 5 of both important notifications is enough to relax these JBTs from TET as their appointment process had started at the time of these notifications and they had successfully completed JBT Course.In HP, the cabinet had passed resolution for the appointment of these JBTs last year. When the guidelines for conducting the were framed, these candidates had undergone the said course which is enough to relax them from TET. As the appointment process had started before the said notification as JBT course in HP is a job based course used for direct appointments.In past, there was also a provision of execution of bond for giving jobs to JBTs within six months of the completion of said course. Hence, the following notification may be used to relax them from giving TET as they have already been trained for two years and undergone Common Entrance Test based on 2001 NCTE pattern. Please give NOC to relax TET to these JBTs(2008-10 batch). I hope that the Honorable Supreme Court will see the notifications attached below and it will ask the MHRD , New Delhi as well as NCTE, New Delhi to relax the Teacher Eligibility Test to the trained JBTs of batch 2008-10. Similarly, all the candidates who have done their B.Ed./E.T.T./L.T./O.T./C&V/M.ED./B.El.Ed./B.P.Ed./D.P.Ed. etc. before year 2012 may be relaxed form appearing in TET and they must be continued to be given jobs on the basis of batchwise 50 % quota without TET while the commission may be taken with at least 25 % seats for candidates with TET and 25% seats for the persons without TET. Every trained person must be eligible to appear in the exam for job, however , only merit will work but the fundamental right of equality and equal opportunity will not be denied.see how it was done by MHRD F. No. 3-3/2012-EE-4 Government of India Ministry of Human Resource Development Department of School Education 8,L Literacy Room No. 429-A, C Wing, Shastri Bhawan New Delhi, dated 26th March, 2012. To The Secretary (Elementary Education) Elementary Education Department Government of Himachal Pradesh Shimla-171 002 Subject: Exemption for conducting Teacher Eligibility Test (TET) - regarding. Sir, The undersigned is directed to refer to letter No. EDN-C-B(15)-12/2011 dated 13th March, 2012 of the Government of Himachal Pradesh on the above subject and to state as under. 2. Para 4 of the Guidelines under Section 35(1) issued by the Ministry on 9th November, 2010 regarding relaxation under section 23(2) of the RTE Act specifically states that "the condition of passing TET will not be relaxed by the Central Government" under that sub-section. The relaxation envisaged under section 23(2) is of teacher education qualifications only, having regard to the availability of teacher education institutions and qualified professionals in relation to the demand for teachers in a particular State. These parameters have no bearing on the essential condition of passing TET. Further, the fact that the State Government has admitted candidates in the JBT Programme (2 year D.E1.Ed) through a common entrance test cannot be a justification for seeking relaxation of TET, since TET is for persons who have acquired the teacher education qualifications. Accordingly, an entrance test for admitting candidates to a teacher education programme cannot be a substitute for TET or a ground for not conducting TET. 3. It is also observed that while the NCTE Notification, laying down the minimum teacher qualifications in pursuance of section 23(1) of the RTE Act, was issued on 23rd August, 2010 and immediately thereafter circulated to the States, the State Government of Himachal Pradesh has, even after more than one and half year of the said Notification, not modified/amended its Recruitment Rules. In light of the above, I am directed to convey that : (a) The condition of passing TET cannot be relaxed under section 23(2) of the RTE Act; (b) The State Government should conduct the TET inviting applications from all eligible candidates as specified in the TET Guidelines dated 11th February, 2011 issued by NCTE, read with the NCTE Notification dated 23rd August, 2010, as modified by Notification dated 29th July, 2011; and (c) Only those candidates who qualify the TET may b considered for appointment as a school teacher. OLD RULES NOTIFIED BY N.C.T.E.-see who is wrong? The Gazette of India, Notification No. 238 of September, 4, 2001 NCTE (Determination of minimum qualifications for recruitment of teachers in schools) Regulations, 2001. National Council for Teacher Education F. No. 9-2/2001/NCTE I.G.I. Stadium, I,P. Estate New Delhi - 110 002 New Delhi, 3rd September, 2001 In exercise of the powers conferred under clause (d)(i) of sub-section (2) of Section 32 read with Section 12(d) of the National Council for Teacher Education Act, 1993 (73 of 1993), the Council hereby makes the following Regulations: 1. Short title and commencement These Regulations may be called the NATIONAL COUNCIL FOR TEACHER EDUCATION (DETERMINATION OF MINIMUM QUALIFICATIONS FOR RECRUITMENT OF TEACHERS IN SCHOOLS) REGULATIONS, 2001. They shall come into force on the date of their publication in the Official Gazette. 2. Applicability These Regulations shall be applicable for recruitment of teachers in all formal schools established, run or aided or recognised by Central or State Government and other authorities for imparting education at elementary (primary and upper primary/middle school), secondary and senior secondary stages. 3. Qualifications for Recruitment i) The qualifications for recruitment of teachers in educational institutions mentioned in Section 2 above shall be as given in the First and Second Schedules to these Regulations. The qualifications prescribed in the First Schedule shall apply for recruitment of teachers for teaching school subjects. The qualifications prescribed in the Second Schedule shall apply for recruitment of teachers for Physical Education. ii) For recruitment of teachers for co-curricular activities such as work experience, art education, etc., existing qualifications or such other qualifications as may be prescribed by the concerned government shall apply. iii) For promotion of teachers from one level to the next level of teaching, minimum qualification as given in the Schedules for the concerned level would be required. 4. Amendment of Recruitment Rules The existing recruitment rules may be modified within a period of three years so as to bring them in conformity with the qualifications prescribed in the Schedules. Meanwhile, teachers appointed as per the existing recruitment qualifications, subsequent to the issue of these Regulations, will be required to acquire qualifications as prescribed in the Schedules. 5. Power to relax Where the Council is satisfied, on receipt of reference from the concerned Government, that special circumstances exist warranting relaxation of some of the provisions of the regulations for sometime it may grant relaxation of that provision to such extent and subject to such conditions as it may consider necessary in a just and equitable manner. 6. Interpretation If any question arises relating to interpretation of these Regulations or equivalence of various teachers’ training programmes, decision of the Council shall be final. (S.K.RAY) Member Secretary First Schedule to the National Council for Teacher Education (Determination of Qualifications for Recruitment of Teachers) Regulations 2001 Recruitment qualifications for recruitment of teachers in educational institutions mentioned in Section 2 of the Regulations LEVEL MINIMUM ACADEMIC AND PROFESSIONAL QUALIFICATIONS I Elementary i. Senior Secondary School certificate or Intermediate or its equivalent ; and ii. Diploma or certificate in basic teachers’ training of a duration of not less than two years. OR Bachelor of Elementary Education (B.El.Ed.) i. Senior Secondary School certificate or Intermediate or its equivalent ; and ii. Diploma or certificate in elementary teachers training of a duration of not less than two years. OR Bachelor of Elementary Education (B.El.Ed.) OR Graduate with Bachelor of Education (B.Ed.) or its equivalent. a. Primary b. Upper Primary (Middle school section) II Secondary/High School Graduate with Bachelor of Education (B.Ed.) or its equivalent. OR Four years’ integrated B.Sc., B.Ed. or an equivalent course. III Senior Secondary/PUC/Intermediate Master’s Degree in the relevant subject with Bachelor of Education (B.Ed.) or its equivalent. OR Two years’ integrated M.Sc.Ed. course or an equivalent course. Note : 1. For appointment of teachers for primary classes, basic teachers’ training programme of 2 years’ duration is required. B.Ed. is not a substitute for basic teachers’ training programme. 2. Some of the States are having basic teachers’ training courses of one year duration only, while in some other States students passing secondary level examination are admitted to primary level teacher training courses. Such States may, by 2005, conduct basic teachers’ training programmes of a duration of not less than two years with admission being open to Senior Secondary / Intermediate pass candidates. In the meantime candidates who have undergone basic teachers’ training courses of one year duration or were admitted to such training programmes after passing secondary level examination only may be given employment in the concerned States only. Second Schedule to the National Council for Teacher Education (Determination of Qualifications for Recruitment of Teachers) Regulations 2001 Qualifications for recruitment of teachers of Physical Education in Educational Institutions mentioned in Section 2 of the Regulations LEVEL MINIMUM ACADEMIC AND PROFESSIONAL QUALIFICATIONS I Elementary (i) Senior Secondary School certificate or Intermediate or its equivalent ; and (ii) Certificate in Physical Education (C.P.Ed.) of a duration of not less than two years or its equivalent. II Secondary/High School Graduate with Bachelor of Physical Education (B.P.Ed.) or its equivalent. III Senior Secondary M.P.E./M.P.Ed. (2 year duration) (Physical Education as an elective subject) Note : 1. Some of the States are having certificate in physical education courses of one year duration only, while in some other States students passing secondary level examination are admitted to certificate in physical education courses. Such States may, by 2005, conduct certificate in physical education programmes of a duration of not less than two years with admission being open to Senior Secondary / Intermediate pass candidates. In the meantime candidates who have undergone certificate courses in physical education of one year duration or were admitted to such programmes after passing secondary level examination only may be given employment in the concerned States only. (PUBLISHED IN THE GAZETTE OF INDIA (EXTRAORDINARY) NATIONAL COUNCIL FOR TEACHER EDUCATION PART-III, SECTION 4) I.G.I. Stadium, I.P.Estate, New Delhi-110 002. New Delhi, dated 28th April, 2003 NOTIFICATION F.No.9-2/2001/NCTE - In exercise of the powers conferred under clause (d)(i) of sub-section (2) of Section 32 read with Section 12(d) of the National Council for Teacher Education Act, 1993 (73 of 1993), the Council hereby makes the following Regulations to amend the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001. 1. Short title and commencement These Regulations may be called the NATIONAL COUNCIL FOR TEACHER EDUCATION (DETERMINATION OF MINIMUM QUALIFICATIONS FOR RECRUITMENT OF TEACHERS IN SCHOOLS)(AMENDMENT) REGULATIONS, 2003. They shall come into force on the date of their publication in the Official Gazette. 2. Extent of amendment (i) The provision under Section 2 Applicability in the NCTE (Determination of Minimum Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 shall be substituted by the following :- These Regulations shall be applicable for recruitment of teachers in all formal schools established, run or aided or recognised by Central or State Government and other authorities for imparting education at pre-school, nursery followed by first two years in formal school, elementary (primary and upper primary/middle school), secondary and senior secondary stages. (ii) The first Schedule, other than the notes thereunder, to the NCTE (Determination of Qualifications for Recruitment of Teachers in Schools) Regulations, 2001 shall be substituted by the Schedule annexed to these Regulations. 3. The amendments made through these Regulations shall not affect the previous operation of any regulations so repealed or any duly done under it. (S.K. Ray) Member Secretary First Schedule to the National Council for Teacher Education (Determination of Qualifications for Recruitment of Teachers in Schools) (Amendment) Regulations, 2003 Recruitment qualifications for recruitment of teachers in educational institutions mentioned in Section 2 of these Regulations. LEVEL MINIMUM ACADEMIC AND PROFESSIONAL QUALIFICATIONS I Pre-School / Nursery (i) Secondary School (Class ten) certificate or its equivalent; and (ii) Diploma/Certificate in Pre-school teacher education programme of a duration of not less than one year. (For children in the age group of 4-6 years) II Pre-School / Nursery (i) Senior Secondary School (class twelve) Certificate or Intermediate or its equivalent with at least 45% marks; and (ii) Diploma/Certificate in Nursery teacher education programme of a duration of not less than two years. followed by first two years in a formal school. (For children in the age- group of 4-6 and 6-8 years) III Elementary (i) Senior Secondary School certificate or Intermediate or its equivalent; and (ii) Diploma or certificate in basic teachers training of a duration of not less than two years. OR Bachelor of Elementary Education (B.El.Ed.) (i) Senior Secondary School certificate or Intermediate or its equivalent; and (ii) Diploma or certificate in elementary teachers training of a duration of not less than two years. OR Bachelor of Elementary Education (B.El.Ed.) OR Graduate with Bachelor of Education (B.Ed.) or its equivalent. (a) Primary (b) Upper Primary (Middle school section) IV Secondary /High Graduate with Bachelor of Education (B.Ed.) or its equivalent. OR Four years integrated B.Sc., B.Ed. or an equivalent course. School V Senior Secondary/PUC Masters Degree in the relevant subject with Bachelor of Education (B.Ed.) or its equivalent. OR Two years integrated M.Sc.Ed. course or an equivalent course. / Intermediate As I suggest, the RTE act based provisions must be applied on the teachers appointed after implementation of the act. If all entrance tests conducted in past are useless after RTE act, why such act is mandatory to be followed which has no wisdom about revering the past education system. We cannot say that the whole Teacher Training Courses were useless if anyone has not qualified TET.Please apply fresh rules on fresh candidates/teachers and not upon the persons selected through other procedures in past when there was no marks limit to be a teacher. RTE act cannot do injustice with them. Please provide clarification to save our future. Please accept the said PIL and save the future of all . Thanking with regards, Date:05-07-2012 Yours sincerely: Vijay Kumar Heer State President ,Himachal Shikshak Kranti Manch VPO Chakmoh, Tehsil Barsar, Distt. Hamirpur (HP) 176039