Kumari Palany & Co

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TET Issue: Interim ban on dismissal of teachers

Posted on: 17/May/2019 12:02:34 PM
The Chennai High Court has released a recent order banning the order issued by a single judge regarding the dismissal of teachers who had not passed TET (Teachers Eligibility Test).

A petition submitted by the teachers Indira, Kavitha, Indira Gandhi, and Jothi working in a government-aided school in Perungalathur in Thiruvannamalai District mentions that the state government had decided to dismiss them from their jobs as teachers as they had not passed TET. The state government decision must be banned. Further, these 4 teachers should not be dismissed till the results of the 2019 TET are announced.

When these teachers joined, there was no regulation that a pass inTET was mandatory. So, this state government decision must be banned.

When the enquiry of this petition was taken up by a panel of single judge, he ordered that as per the present situation, there are 60000 teachers aho had passed TET awaiting appointments and though the petitioners were given enough opportunities, they had not passed TET and hence, a notice seeking explanation must be sent by the state government and then , based on the explanations given, release a legally valid order.

However, several teachers took the effort to appeal again on this issue to the Chennai High Court against this order. The petition mentioned that as the TET (Teachers Eligibility Test) was introduced 9 years ago, as per rules, 18 TETs must have been conducted twice a year. However, they have not been conducted. Further, as regards the other states, a clear Government Order has been released on this issue. A similar order has not been released in the state of Tamil Nadu.

Though at the national level, the eligibility tests as teachers are conducted twice a year under the central government, the teachers from Tamil Nadu cannot participate and write these examinations. The single judge has not properly understood this aspect and released the order. So, the order given by the single judge should be cancelled.

This petition came up for enquiry before a panel of judges C V Karthikeyan, Krishnan, and Ramasamy. After the enquiry, the judges ordered that the teachers who have not passed TET (Teachers Eligibility Test) must write the TET scheduled in June 2019 and pass the same. Until the results of the June 2019 TET results are announced, no action regarding dismissal of these teachers can be taken. Further, they ordered an interim ban on the order given by the single judge and adjourned the case to the 2nd week of June.