(vii) It is also made clear that only qualified teachers be appointed strictly in accordance with the guidelines issued by the RTE Act. Post the writ petition on 07.07.2022 at 02.15 p.m. On that day, the Commissioner of School Education, Chennai shall file a report before this Court. 01.07.2022 Jvm Note: Issue Order today D.KRISHNAKUMAR, J. Jvm 8 W.P.No.16704 of 2022 and WMP.No.16013 of 2022
W.P.No.16704 of 2022
and WMP.No.16013 of 2022
D.KRISHNAKUMAR, J.
According to the writ petitioner, the second respondent / Commissioner
of School Education has issued a Circular dated 23.06.2022, permitting the
Chief Educational Officer of each Districts to fill up temporarily the vacant
posts of Secondary Grade Teachers, B.T. Assistants and Post Graduate Teachers
with temporary appointment and it seems that the minimum qualification of
Pass in Teachers Eligibility Test has not been made mandatory for the said posts
and challenging the same, he has filed the present writ petition.
2. According to the respondents, around 13,331 vacancies are available in
the cadre of B.T. Assistant, Secondary Grade Teachers and Post Graduate
Teachers and the selection process has been under progress and the same will be
completed at the earliest. In the meantime, considering the plight of the
student, the respondents are filling up temporary posts vide the impugned
notification.
3. This matter came up for admission before this Court on 30.06.2022
and this Court directed the Commissioner of School Education Department to
appear before this Court and he undertook to file an affidavit to the following
specific questions raised by this Court:
2
1.Whether the aforesaid posts are to be filled up with trained
teachers or untrained teachers?
2. Whether the said recruitment will be in strict adherence to the
minimum qualifications prescribed by the academic authority
under Section 23(1) of the RTE Act viz, National Council for
Technical Education (NCTE) as well as Tamil Nadu Educational
Service Rules?
3. Whether pass in Teachers Eligibility Test is prescribed as one
of the qualification for the said posts ? If so, why exemption
granted to a category of teachers ?
4. In the proceedings of the Commissioner of School Education
Department dated 23.06.2022, it is stated that Management
Committee will appoint the teachers for the aforesaid posts. If
so, whether the Management Committee is a competent authority
to appoint teachers to the said posts?
This Court also suo motu impleaded the Chairman, Teacher Recruitment Board,
Nungambakkam, Chennai as party in the writ petition for getting some
clarification in respect of completion of the selection process.
4. Today when the matter is called, the Commissioner of School
Education, Nungambakkam, Chennai has appeared before this Court and filed
an affidavit stating that in pursuant to the undertaking given, they have issued
the revised Circular in Na.Ka.No.34087/E2/2022 dated 30.06.2022 and it is
useful to extract the following portions of the said circular:
3
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The second respondent has stated that the appointing authority will not violate
the minimum qualification prescribed under the RTE Act for appointment of
4
Secondary Grade Teachers and B.T. Assistants and those who have appeared in
the competitive examinations for PG Assistants and therefore, on the said
paragraphs, this Court directed the Commissioner of School Education to
process the applications in respect of Clause 4(m)(i), 4(m)(ii) and 4(m)(v) as per
priority in Clause 4. Insofar as other Sub-Clauses of Clause 4 are concerned,
the respondent shall receive the applications and the same shall be kept in
abeyance until further orders from this Court.
5. Further, it has been mentioned in the Circular of the Commissioner of
School Education in para 7 that the applicants should submit their applications
to the Headmaster of the Schools concerned on 18.07.2022 and 19.07.2022.
This Court directed the Commissioner of School Education to issue appropriate
revised instructions that the applicants shall submit their applications either in
person or through e-mail / online to the District Educational authorities
concerned, who shall forward the said applications to the School Management
Committee for consideration and scrutiny as per the instructions issued by the
Commissioner of School Education, Chennai. It shall also be mentioned that
the said appointments will be purely on temporary basis, subject to the outcome
of the orders passed in the writ petition.
6. The Member (School Education), Teachers Recruitment Board,
5
Chennai-600 006 has also filed an affidavit before this Court dated 01.07.2022
and stated in paras 4 and 5 as follows:
“4.It is respectfully submitted that the present status of the various
recruitments pertaining to School Education are as follows:
(i) Competitive Examination Direct Recruitment for the post of Post
Graduate Assistants / Physical Education Directors Grade I /
Computer Instructor Grade I (Notification No.01/2021 dated
09.09.2021) was conducted in the month of February 2022 and the
no. of vacancies is 2890. Tentative key answers for the said
examination was already published in the Website of the Board and
the Final Key Answers will be published on considering the
objections received by the Board with regard to the tentative key
answers and thereafter Certificate Verification will be conducted an
the Selection List will be sent to the User Department by the end of
August, 2022.
(ii) Notification No.1/2022 dated 7.3.2022 was published in the
website of the Board for conducting Teacher Eligibility Test, Paper-I
and Paper-II for the year 2022 to the eligible candidates in Tamil
Nadu. Teachers Recruitment Board has been designed as the Nodal
Agency for conducting Teacher Eligibility Test as per
G.O.Ms.No.181, School Education (C2) Department dated
15.11.2011. Teacher Eligibility Test, Paper-I will be conducted in
the month of August, 2022 and the Teachers Eligibility Test, Paper-
II will be conducted in the month of September, 2022. These dates
are only tentative.
(iii)Notification for Appointment of BT Assistant (2675 vacancies
tentatively) and Secondary Grade Teaches (4989 vacancies
tentatively) will be published in the month of October, 2022 and it is
proposed to conduct the competitive examination for the said
appointment in the month of December, 2022 and certificate
verification will be done in the month of January, 2023 and February
2023. The Selection List will be sent to the User Department by the
end of February, 2023. These dates are only tentative.
5. It is further submitted that all other recruitment process in respect
of notifications which were issued earlier have been completed by
6
the Board and the Selection List have already been sent to the User
Department and there is no wait listed candidates.”
As stated above, the Teachers Recruitment Board shall complete the said
selection process as per the Schedule without any further delay.
7. In the light of the above, in the interest of the parties, this Court passes
the following interim order:
(i) The Commissioner of School Education, Chennai shall proceed
with the processing of applications in respect of Clauses 4(m)(i),
4(m)(ii) and 4(m)(v) as per the priority in Clause 4 of the Circular
in Na.Ka.No.34087/C2/E2/2022 dated 30.06.2022.
(ii) Insofar as other Sub-Clauses of Clause 4 of the Circular are
concerned, the respondents shall receive the applications, but the
same shall be kept in abeyance, until further orders from this
Court.
(iii) The Commissioner of School Education, Chennai shall issue
appropriate revised instructions for submission of applications by
the applicants either in person or through e-mail / online to the
District Educational authorities concerned, who shall forward the
said applications to the School Management Committee for
consideration and scrutiny as per the instructions issued by the
Commissioner of School Education, Chennai.
(iv) It shall also be mentioned that the said appointments will be
purely on temporary basis, subject to the outcome of the orders to
be passed in the writ petition.
(v) The Commissioner of School Education, Chennai is directed to
issue fresh revised circular in pursuant to the directions issued by
7
this Court in (i) to (iv) above.
(vi) The District Educational authorities shall comply with the
instructions issued by the Commissioner of School Education
without any deviation.
(vii) It is also made clear that only qualified teachers be appointed
strictly in accordance with the guidelines issued by the RTE Act.
Post the writ petition on 07.07.2022 at 02.15 p.m. On that day, the
Commissioner of School Education, Chennai shall file a report before this
Court.
01.07.2022
Jvm
Note: Issue Order today
D.KRISHNAKUMAR, J.
Jvm
8
W.P.No.16704 of 2022
and WMP.No.16013 of 2022
