Reality Check India

Two key cases related to Teacher Qualification and Detention ; to be continued..

Posted in Uncategorized by realitycheck on May 27, 2015

Just want to document two huge cases in India’s education sector that slipped by un-noticed. Will get around to commenting on this in the next few days.

Case 1 :  May 16 2015 Bombay  HC says no TET required for minority schools ( but non-minority need to insist on TET clearance for new teacher posts )

The teachers eligibility test (TET) is no longer mandatory for minority schools. The Bombay High Court’s Aurangabad bench has decried that minority schools in Maharashtra are now free to follow their own selection processes for teachers’ appointment.

While hearing the case of a local minority school teacher’s appointment being challenged by the state authorities for not having a TET score, the court ruled that the government cannot interfere with the minority institutions and their admission process. “The TET for teachers’ appointment is a methodology accepted by the government, but it’s not a qualification. It’s rather a selection process from the given lot, which is why minority institutions aren’t expected to follow the mandate,” the court stated.

Source : Pune Mirror

Case 2 : May 16 2015 Karnataka High Court rules minority-run schools can detain poor students

BENGALURU: In an interesting case, the Karnataka high court dismissed the petition filed by a school boy who invoked Right To Education (RTE) Act to get promotion to next class.

Dismissing the petition filed by Master Shashikanth (name changed), Justice H G Ramesh noted that the school in question – The Frank Anthony Public School, Halasuru – is a private, unaided, minority educational institution and as such the provisions of RTE are not applicable.

Earlier, the government advocate brought to the notice of the court the judgement rendered by the Apex court ..

Source : Times of India

—————–

To be continued..

In both cases the issues are involving the nature of the minority-run schools. They are participating in general education and freely admit Hindus as both teachers and students.

Request : If anyone else is tracking issues such as this,  please leave a note in the comments section.  We need to connect. 

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5 Responses

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  1. k said, on June 18, 2015 at 11:50 am

    This is part of the drive to ensure that minority institutions attain a halo while other institutes are forced into “all pass” scenarios. Over time, this will result in these minority institutions becoming centers of excellence, as Hindus too aspire to join them.

    The Abrahamic religions are slow and steady, and push one step at a time. Hindus in this nation have become headless due to the loss of Dharma. Any wise Hindu who awakes to this reality will be branded a “Hindu extremist ” while false idols who are aligned to the Abrahamic religions (nominally Hindu) will be promoted as leaders.

    Times are bad for nationalists everywhere, but in India, they have been bad since the invaders broke through.

  2. Samuel D said, on August 3, 2015 at 7:38 am

    In Tamilnadu court has given any order like saying no TET required for minority schools? Kindly let me know

  3. rc said, on August 9, 2015 at 4:51 pm

    Hi ,

    Thanks for the question. Let me take a crack at it.

    [DISCLAIMER : Please consult a lawyer if you have a specific case personally ]

    Not sure if there is a specific order from Madras High Court, but it is extremely unlikely that TET will be required for minority aided schools. The way the ruling in Pramati Edu Society (2014) case is currently being interpreted is that minority aided schools are out of the entire body of the Right to Education Act. That includes the section which mandates TET as eligibility for employment. I could find cases in quite a few states notably MH, Jharkhand, Haryana etc that have exempted minority aided schools.

    Some background to the matter.

    1) The NCTE issued a notice in Aug 2010 that made it mandatory for teachers in govt/govt aided schools to pass the CTET (Central TET).

    2) States could conduct their own TET ; else they can use the CTET.

    3) The pass rates for CTET & various state TET were abysmally low and continue to be low. Not sure whats going on – either the exams are hard or the teachers are not up to the mark or a mix of both. But the point is not many pass the TET ( < 15-20% for sure in most cases)

    .. now the fun starts around 2012

    4) The Congress Govt passes the Right to Education Act in 2012 that bakes in this teacher eligibility in law (as Sec 23 I think ) .

    5) Minority Unaided are almost immediately exempted from the RTE Act but Minority Aided fail to win exemption in a 2012 case Rajasthan Unaided Schools vs Union of India (a 2-1 judgment) . Therefore circa 2012 the TET requirement applies to Minority Aided schools.

    6) On May 9 2014 – just a week before Modi sweeps into power, a 5 Judge Bench passes a judgment in Pramati Edu Society vs Union of India. This judgment (5-0 unanimous) did two things. It confirmed the 93rd Amendment and exempts *ALL MINORITY schools* – aided and unaided from the RTE Act in toto.

    Now the high courts are just mechanically exempting minority aided schools from the TET requirements because there is no legal basis left. What I mean is without applicability of either the Right to Education Act Or Article 15(5) of the constitution inserted in 2005 by the 93rd Amendment for minorities is illegal.

    IMPACT

    Not requiring TET makes it is LOT easier to find and retain teachers (who incidentally can be Hindus or Muslims) but working in minority run schools paid for by taxpayer money. Non minority (i.e Hindu) aided schools however have to go out and find teachers who have cleared the TET which is not an easy task. In MH – only 3% cleared the state TET.

    Gujarat http://timesofindia.indiatimes.com/home/education/news/No-Teachers-Aptitude-Test-for-minority-schools-HC/articleshow/23547561.cms

    Tamilnadu recent case http://indiankanoon.org/doc/10138662/

    There are some tamil blogs that claim "சிறுபான்மை பள்ளிகளுக்கு TET பொருந்தாது- சென்னை உயர் நீதிமன்றம்" I will see if I can get the relevant stuff for you.

  4. kumud kumar said, on September 2, 2015 at 12:42 pm

    What judgement is published about tet for aided minority school of maharashtra and karnataka by pune mirror I need Case number and judgement date of both cases. Kindly can u find this for me.

  5. yogita pal said, on July 13, 2016 at 1:27 pm

    new education minister told , t.e.t is compulsory for everyone, is it compulsory for minority school also


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