The high court has given the go-ahead to the state government for conducting the Teachers’ Eligibility Test (TET) examination on February 17 with riders.
A bench of Justice Navin Sinha dismissed a bunch of petitions challenging the state government’s decision to allow untrained candidates to appear in the TET examination for filling up vacancies in the secondary and senior secondary schools of the state.
The court passed the direction while hearing petitions filed by trained candidates who sought a stay on the TET examination besides seeking issuance of fresh advertisement allowing only trained candidates in the exam.
The court observed that the state government should have ideally taken permission from either the Centre or the National Council for Teachers Education (NCTE) for allowing untrained persons to appear in the examination but the state government did not seek prior permission and went ahead with the examination.
Additional advocate-general (1) Lalit Kishore, appearing for the state government, submitted that the government had applied to the NCTE for relaxation in norms.
The court made it clear that if the state government fails to get relaxation according to NCTE norms, the government would have to refund the fee collected from the candidates appearing for the TET.
Earlier, the court gave the state government opportunities (on February 6 and 8) to produce documents showing relaxation given either by the Centre or the NCTE to allow untrained persons to appear in the TET, but the government could not produce the relevant papers. Instead, it submitted that it had applied for relaxation in the norms.
Appearing for the petitioners, senior advocate Chittaranjan Sinha submitted that the notification issued by the state government, dated August 28, 2011, allowing untrained candidates to appear in the examination is neither in accordance with the NCTE Act, 1993 nor regulations issued in 2001, 2003 and 2009 according to the act.
According to the act, no candidate can be made a teacher or appear in the TET who has not acquired the minimum qualification of a teachers’ training course like BEd or DEd, Sinha said.
The Centre’s counsel, S.N. Pathak, who also appeared for the NCTE, submitted that it has not given any relaxation to the state government vis-à-vis TET for filling up vacancies of teachers in the secondary and senior secondary schools.
As it stands
Court gives nod to state govt to conduct TET exam with condition that if it fails to get relaxation, it would have to refund fee to candidates
HC observed the govt should have taken consent from Centre or NCTE for allowing untrained persons to appear for TET
Counsel for the govt, Lalit Kishore submitted government has applied to NCTE for relaxation in norms
Earlier on February 6 and 8, the govt failed to produce papers related to relaxation of norms
Petitioners’ counsel Chittaranjan Sinha submitted that notification issued by state government dated August 28, 2011 is neither in accordance with NCTE Act, 1993 nor regulations issued in 2001, 2003 and 2009
A bench of Justice Navin Sinha dismissed a bunch of petitions challenging the state government’s decision to allow untrained candidates to appear in the TET examination for filling up vacancies in the secondary and senior secondary schools of the state.
The court passed the direction while hearing petitions filed by trained candidates who sought a stay on the TET examination besides seeking issuance of fresh advertisement allowing only trained candidates in the exam.
The court observed that the state government should have ideally taken permission from either the Centre or the National Council for Teachers Education (NCTE) for allowing untrained persons to appear in the examination but the state government did not seek prior permission and went ahead with the examination.
Additional advocate-general (1) Lalit Kishore, appearing for the state government, submitted that the government had applied to the NCTE for relaxation in norms.
The court made it clear that if the state government fails to get relaxation according to NCTE norms, the government would have to refund the fee collected from the candidates appearing for the TET.
Earlier, the court gave the state government opportunities (on February 6 and 8) to produce documents showing relaxation given either by the Centre or the NCTE to allow untrained persons to appear in the TET, but the government could not produce the relevant papers. Instead, it submitted that it had applied for relaxation in the norms.
Appearing for the petitioners, senior advocate Chittaranjan Sinha submitted that the notification issued by the state government, dated August 28, 2011, allowing untrained candidates to appear in the examination is neither in accordance with the NCTE Act, 1993 nor regulations issued in 2001, 2003 and 2009 according to the act.
According to the act, no candidate can be made a teacher or appear in the TET who has not acquired the minimum qualification of a teachers’ training course like BEd or DEd, Sinha said.
The Centre’s counsel, S.N. Pathak, who also appeared for the NCTE, submitted that it has not given any relaxation to the state government vis-à-vis TET for filling up vacancies of teachers in the secondary and senior secondary schools.
As it stands
Court gives nod to state govt to conduct TET exam with condition that if it fails to get relaxation, it would have to refund fee to candidates
HC observed the govt should have taken consent from Centre or NCTE for allowing untrained persons to appear for TET
Counsel for the govt, Lalit Kishore submitted government has applied to NCTE for relaxation in norms
Earlier on February 6 and 8, the govt failed to produce papers related to relaxation of norms
Petitioners’ counsel Chittaranjan Sinha submitted that notification issued by state government dated August 28, 2011 is neither in accordance with NCTE Act, 1993 nor regulations issued in 2001, 2003 and 2009
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