Case Note & Summary
The petitioners, S. Vignesh and V. Kalaivannan, both BT Assistants (English) in government high schools in Tamil Nadu, filed a writ petition under Article 226 of the Constitution of India seeking a declaration that the Special Rules for the Tamil Nadu Educational Service dated 09.06.1978, insofar as they do not prescribe a pass in Teacher Eligibility Test (TET) as part of the essential qualifications/eligibility criteria for the post of Headmaster/Headmistress of High School appointed from among Graduate Teacher/BT Assistant, are illegal and ultra vires the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) and the NCTE notifications dated 23.08.2010 and 29.07.2011. They also sought a consequential direction to the respondents to hold that a pass in TET is a mandatory eligibility criterion for a Graduate Teacher/BT Assistant to be appointed as Headmaster/Headmistress of High School. The court noted that the issues are no longer res integra, as the Supreme Court has already ruled that passing TET is mandatory for holding a teaching post in the Education Department under Section 23 of the RTE Act. The court observed that the post of Headmaster/Headmistress is a teaching post and therefore TET qualification is essential. The court allowed the writ petition, declaring the Special Rules ultra vires to the extent they omit TET as a qualification, and directed the respondents to treat TET as mandatory for appointment to the post of Headmaster/Headmistress.
Headnote
A) Education Law - Teacher Eligibility Test - Mandatory for Headmaster Post - Section 23, Right of Children to Free and Compulsory Education Act, 2009 - The court held that passing TET is mandatory for appointment to the post of Headmaster/Headmistress of High School, as the post is a teaching post and falls within the ambit of Section 23 of the RTE Act. The Special Rules of 1978, to the extent they omit TET as a qualification, are ultra vires the RTE Act and NCTE notifications dated 23.08.2010 and 29.07.2011. (Paras 2-3)
Issue of Consideration
Whether the Special Rules for Tamil Nadu Educational Service dated 09.06.1978, insofar as they do not prescribe a pass in Teacher Eligibility Test (TET) as part of essential qualifications/eligibility criteria for the post of Headmaster/Headmistress of High School appointed from among Graduate Teacher/BT Assistant, 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 the Tamil Nadu Educational Service dated 09.06.1978, insofar as they do not prescribe a pass in Teacher Eligibility Test (TET) as part of the essential qualifications/eligibility criteria for the post of Headmaster/Headmistress of High School appointed from among Graduate Teacher/BT Assistant, 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 hold that a pass in TET is a mandatory eligibility criterion for a Graduate Teacher/BT Assistant to be appointed as Headmaster/Headmistress of High School. No costs. Connected miscellaneous petitions are closed.
Law Points
- Teacher Eligibility Test (TET) mandatory for teaching posts
- Section 23 RTE Act 2009
- Special Rules ultra vires
- NCTE notifications binding
