Case Note & Summary
The petitioners, secondary grade teachers and B.T. assistants in Tamil Nadu, filed a writ petition under Article 226 of the Constitution seeking a declaration that the Special Rules for Tamil Nadu Elementary Education Subordinate Service issued in G.O.Ms.No.12 dated 30.01.2020 are illegal insofar as they prescribe a pass in Teacher Eligibility Test (TET) only for direct recruitment to the posts of Headmaster/Headmistress of Middle School and Primary School, and not for promotion. They argued that this violates Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) and NCTE notifications dated 23.08.2010 and 29.07.2011, which mandate TET for all teaching appointments. The court noted that the issue is no longer res integra, as the Supreme Court has ruled that passing TET is mandatory for holding teaching posts. The court held that the Special Rules, to the extent they exclude TET for promotion, are ultra vires the RTE Act and NCTE notifications. Consequently, the court allowed the writ petition, declaring that TET is a mandatory eligibility criterion for appointment to the posts of Headmaster/Headmistress by promotion as well as direct recruitment, and directed the respondents to amend the Special Rules accordingly.
Headnote
A) Education Law - Teacher Eligibility Test - Mandatory for Promotion - Right of Children to Free and Compulsory Education Act, 2009, Section 23 - The court held that TET is mandatory for appointment to teaching posts including promotion, as per Supreme Court rulings and NCTE notifications. The Special Rules excluding TET for promotion were declared ultra vires. (Paras 2-4)
Issue of Consideration
Whether the Special Rules for Tamil Nadu Elementary Education Subordinate Service, insofar as they prescribe TET only for direct recruitment and not for promotion to Headmaster/Headmistress posts, are ultra vires the Right of Children to Free and Compulsory Education Act, 2009 and NCTE notifications.
Final Decision
The writ petition is allowed. The Special Rules for Tamil Nadu Elementary Education Subordinate Service issued in G.O.Ms.No.12 School Education (EE1(1)) Department dated 30.01.2020, insofar as they prescribe TET only for direct recruitment and not for promotion to the posts of Headmaster/Headmistress of Middle School and Primary School, are declared illegal and ultra vires the Right of Children to Free and Compulsory Education Act, 2009 and the NCTE notifications. The respondents are directed to treat TET as a mandatory eligibility criterion for appointment to the said posts by promotion as well as direct recruitment and to amend the Special Rules accordingly.
Law Points
- Teacher Eligibility Test (TET) mandatory for appointment to teaching posts including promotion
- Section 23 of RTE Act 2009 overrides state rules
- Special Rules ultra vires if they exclude TET for promotion
