R.SARASWATHI Vs. NATIONAL COUNCIL FOR TEACHERS EDUCATION

JUDGEMENT

(1.) The writ petitioner belongs to Hindu Maravar Community. The petitioner is having a degree in B. A. , (History). She had also passed B. Ed. The petitioner appeared for Teacher Eligibility Test in the year 2012 and 2015. But, her performance was below the cut-off mark. When the Teachers Recruitment Board issued notification No. 8/2019 calling for applications from eligible candidates, the petitioner also submitted her application through online. But, it was rejected on the ground that her academic qualification rendered her ineligible to apply for TET. Hence, the petitioner has filed this writ petition challenging the impugned notification dated 28. 02. 2019 insofar as it has stipulated that the candidate should have a degree with atleast 45% of marks.

(2.) The learned counsel appearing for the writ petitioner contended that Teachers Recruitment Board is only a nodal agency for conducting Teacher Eligibility Test. The Government of Tamilnadu has issued G. O (Ms) No. 70, School Education (MS) Department, dated 12. 04. 2018 laying down the eligibility norms to write TNTET. The said G. O has directed that the NCTE guidelines issued in NCTE Notifications dated 23. 08. 2010 and 29. 07. 2011 fixing the minimum qualification for teachers should be adopted. According to the learned counsel for the petitioner, in the NCTE notification dated 29. 07. 2011, it has been clearly mentioned that relaxation upto 5% in the qualifying marks shall be allowed to the teachers belonging to reserved categories such as SC/ST/OBC/PH.

(3.) The learned counsel appearing for the petitioner also drew my attention to the decision of the Hon'ble Supreme Court reported in (2017) 1 SCC 350 (Vikas Sankhala vs. Vikas Kumar Agarwal and others) in which it was authoritatively held that this relaxation of 5% does not relate to Teachers Eligibility Test at all. The learned counsel further pointed out that in the neighbouring State of Kerala, a candidate who has secured below 45% marks in degree is allowed to write TET provided he or she belongs to reserved category. Even the Central Teachers Eligibility Test - 2019 contains a note that relaxation upto 5% in the qualifying marks in the minimum educational qualification for eligibility shall be allowed to the candidates belonging to reserved category such as SC/ST/OBC/PH. She was allowed to join B. Ed. , course as she was found eligible. For all these years, the respondents did not insist that the candidate appearing for TET should possess minimum marks of 45%. All on a sudden, the respondents have changed their policy thereby shattering the legitimate expectations of the writ petitioner.