Chennai, India (CU)_ The order was issued by Justice D Krishnakumar as he dismissed a batch of writ petitions and ordered the concerned authorities to strictly adhere to the instructions given by the School Education Secretary via letter dated May 2, 2019. The rule further stated that on failing to follow the order, necessary action will be taken in compliance with the law.
According to the Madras High Court’s recent order, teachers who failed the Teachers Eligibility Test (TET) cannot stay in service. The judge noted, “Thus, the teachers, who do not possess the minimum qualification of pass in TET are not entitled to continue their service in the schools/educational institutions”.
According to the court, the authorities should strictly adhere to the instructions given by the National Council for Teacher Education (NCTE) in February 2021 by administering TET exams annually to allow teachers to qualify. Teachers who did not have the minimum qualification of passing TET before the 2019 RTE Act are required to obtain it within nine years, i.e., by March 31, 2019.
The judge expressed regret that despite the passage of several years since the RTE Act enactment in 2009, the mentioned statutory provision has not been implemented, and petitioners and other teachers are permitted to continue in service without meeting the Act’s minimum eligibility condition of a pass in TET, according to Section 23 of the Act and as well as the RTE (Amendment Act) in 2017.
The court was dismissing a batch of writ petitions filed by one K Vasudevan and eight others seeking a direction to the authorities concerned to approve yearly increments to them in a city-based school beginning in 2012, as well as incentive increments for having completed the B Sc (Maths) without reference to passing the TET, along with all consequential and other attendant benefits, on the basis of their representation submitted in December 2021.
