High Court Order - Teachers who have not passed TET cannot continue!
Posted on: 02/May/2019 4:59:35 PM
The Chennai High Court has ordered that the teachers who have not passed the Teachers’ Eligibility Test (TET) cannot continue working. Further, the High Court has advised that the authorities should send notices and seek explanations from the concerned teachers as to why they have not passed TET yet.
In a petition filed by teachers Kavitha, Indira, Indira Gandhi, and Jyothi working in a government-aided school in Perungalathur in Thiruvannamalai district, it is mentioned that the state government has decided that they would be dismissed from their jobs as teachers as they had not passed TET. The petition demanded that this decision should be barred. Further, these teachers must not be dismissed until the results of TET 2019 are released, When they joined as teachers, there was no regulation that it was mandatory to pass TET, So, this recent decision by the state government must be withdrawn.
When this petition came up for enquiry, the special advocate Munusamy who appeared on behalf of the government explained that ‘the Tamil Nadu State Government has conducted Teachers’ Eligibility Test during the years from 2012 to 2014 and during the years 2017 and 2018.
The central government conducts TET twice a year. The petitioners had not written the examination but have filed a petition at the last moment. So, this petition must be dismissed.’
Justice S M Subramnayam who conducted the enquiry, in a recent order that it was recently brought to the notice of the High Court that there are 60000 candidates who had passed TET and waiting eagerly for appointments as teachers. Thus, there is no compulsion for the government to keep unqualified employees as teachers. There is absolutely no scope for any leniency or sympathy in this regard. A decision has been taken at the national level that it was mandatory to pass TET to be eligible for appointment as teachers. Further, this issue is an important and significant concerned with our children’s education. So, the state government of Tamil Nadu must take strict legal action.
As per the Tamil Nadu Employees Rules and Regulations Act, the higher authorities have the authority to grant an extension of time to the teachers to pursue and pass TET. In case the teacher does not pass TET within that given time extension, there is no alternative except to dismiss him/her.
The petitioners were given enough opportunities to write and pass TET but they have not utilized and instead, have filed this petition! Thus, it is not possible to keep the teachers who have not passed TET on the job. This petition is dismissed.
The government must pay their due salaries for the services rendered by these 4 teachers so far within 2 weeks. The state the government must appoint only those teachers, who have qualified as fixed by the National Teachers Council,
Further, notices must be sent within 2 weeks to all teachers who are working as teachers without passing TET seeking explanations. They may be given10 days’ time to offer explanations and order must be issued based on the offered explanations.
