Can tet exam be challenged
vincent
(Querist) 19 December 2012
This query is : Resolved
Dear friends, I want to engrave my views about the injustice caushed to the pitiable secondary grade candidates, because there were no strong union or organizations for these kind of candidates and more over majority of the candidates belongs to female candidates and so they don’t find any way to fight for their rights. The union of the primary education teachers are all remained silent towards this injustice caushed to their successor community.
SOME IMPORTANT REFERENCES:
A. The TET test is conducted by the government in accordance with sub section (1) of section 23 of the RTE act 2009.
B. In supreme courts SLP (C) NO 18227/2008, 18228/2008 the supreme court has given the following decisions.
The state government should followed the state wide seniority in employment registration while appointing secondary grade teachers by calling for the list of eligible persons from all the district employment exchanges and by news paper public advertisements throughout the state.
Further directed that the aforesaid arrangements will apply for any recruitment to be made pending disposal of these appeals.
C. In annexture to G.O.(MS) no.181 school education department dated 15/11/11, the rationale to conduct TET has been listed out.
The rationale for including TET as a minimum qualification for a person to be eligible for appointment as a teacher is as under:
(i). It would bring national standards and benchmark of teacher quality in the recruitment process.
(ii). It would induce teacher education institutions and students from these to further improve their performance standards.
D. 9 (b) reads us: should give weightage to the TET scores in the recruitment process however qualifying the TET would not confer a right on any person for recruitment employment as it is only one of the eligibility criteria for appointment.
E. All legal disputes with regard to conduct of TET shall be subject to the jurisdiction of the appropriate government.
F. The seniority cut off dates before TET are as follows:
O.B.C – 09/10/2000; M.B.C – 11/10/2004; B.C.M – 11/10/2004; S.C.O – 12/03/2007; S.C.A – 24/03/2008; S.T – 12/03/2007; G.T – 13/11/2002 for non priority candidates and all available as on 12/10/2010 for priority candidates belonging to PH, DW, TCM, DEX, BCR, LAQ, DGE(S) AND OTHERS.
DISPUTES TO BE CONSIDERED:
1. Let us consider the date of enactment of the RTE act 2009 with regard to TET. According to the act TET is made compulsory to the candidates seeking for employment after 23/08/2010. The candidates employed in the posts after 23/08/2010 has to pass the TET exam within a time limit of five years. First of all this is ridiculous to accept this concept. If one joined in the post on 22/08/2010 his eligibility is not needed to be proved; If he joined on 24/08/2010 his eligibility has to be proved within five years; If the same seeks for post after 15/11/2011 his eligibility has to be proved before employment. Did this concept provides social justice? Did this concept proves all are equal before eyes of law?
2. Central government enacted this law in 2009. So it fixed the deadline as 23/08/2010. But it comes into force in Tamilnadu only after 15/11/2011. Therefore a separate deadline has to be fixed for the candidates seeking for employment in Tamilnadu. It should not be 23/08/2010. It must be after 15/11/2011. TET exam should be made mandatory to the candidates seeking for employment who finished their corresponding D.T.Ed. course after 15/11/2011.
3. The government of Tamilnadu alone had framed the syllabous for the X, XII and D.T.Ed. courses. The concerned board of education conducted the relevant examinations and declared them as eligible candidates for employment. Now the same government through another examination simply disqualifies the candidates. Now the point to be determined is which is correct and who will take responsibility for the consequences?
4. If the TET has to be valued, then there is an major error in the system of education so far followed by the government in X, XII and D.T.Ed courses. If the system followed in the X, XII and D.T.Ed. is correct then the error is in the pattern of the TET exam conducted. Candidates are not responsible for this cause. But they are blamed to a huge extent by media and public without realizing the truth behind the screen. Because the percentage of fail according to TET is huge (nearly 97 percentage).
5. If in a class of 100 students 97 students failed in the annual examination what will the government do? Will it take action against the corresponding teacher or against students? The public, media and parents should think rationally to answer this question.
6. The supreme court in its order in SLP ( C) NO.18227/2008 & 18228/2008 directed to appoint secondary grade teachers only through state level seniority basis. Now against the supreme court direction seniority has been disturbed in the name of TET examination. This TET exam provides the way to overtake the existing seniority basis. (Its like entering through the back door).
7. In annexture to GO (MS) no.181, the rationale for TET is explained. It reads us: it would induce teacher education institutions and students from these institutions to further improve their performance standards. Its quite amazing to understand this explanation. The students finished their courses and left out of the institutions some 5 to 10 years before the enactment of this law. How the institutions will increase the standards of their ex students? How is it possible? But for the current students it can do a lot. It can change their lesson plan or mode of teaching and all needed to improve the standard of the current students only.
8. The cut off date for secondary grade teachers recently published by the employment and training office is as follows:
O.B.C – 09/10/2000; M.B.C – 11/10/2004; B.CM – 11/10/2004; S.C.0 – 12/03/2007; S.C.A – 24/03/2008; S.T 12/03/2007; G.T – 13/11/2002 for non priority candidates and 10/12/2010 for all priority candidates like DW, ICM, DEX, BCR, LAQ, DGE(S), PH AND OTHERS.
Now the question is no consideration has been given to communal reservation and priority reservation. The GO’s are very clear that the communal rotation and priority reservation has not to be overtook or altered for any cause. But the TET has completely uprooted the existing social justice just with some persons personal intelligence.
9. From the above data it is very clear that many candidates are waiting for the employment opportunity over ten years. The TET is implemented from 23/08/2010. The RTE act provides opportunity for the teachers joined in the service before 15/11/2011 to improve their standards through various programmes and also gives a time limit of five years to qualify themselves. But the act remains silent about the unemployed candidates who completed their D.T.Ed. course before 15/11/11. Its only the duty of the government to govern their citizens. Why these candidates were left unemployed for so long period? Did they refused the employment opportunities provided by the government in the past years?
10. Here we have to consider one humanitarian approach. Because the mostly affected candidates by TET were low class and middle class female D.T.Ed. candidates. Normally a candidate will quaily in XII standard at the age of 18. Then she goes on D.T.Ed. training for nearly three years.(because this course will start and end very latter according to the academic year calculation). Now her age will be 21. The next stage for a middle class family is marriage. If she had two children nearly to a minimum of six years, she had to be spent for the nourishment of the children. If she had to left the children and seek for employments nearly another two years compulsorily needed. So she has to remain silent or wait for nearly 6 to 8 years about her employment needs. Now her age will be from 27 to 29.
What I explained above are true and day to day happenings within the door steps of each and every house. Now let us go back once again to the government policy. In the primary education appointments government insisted to appoint only female candidates from I to V only to provide the students mother care and affection while giving education. That is psychologically true also. So really a motherhoodness teacher will be available to society only after 27 years of age.
But these kind of teachers are now eliminated from the appointment by forcing them to challenge with new dimentioned youths in the name of TET. They may forgotten the subject. Because they were away from subject for more than eight years. That is not a crime. Forget and forgive are the finest characters gifted to man by god. Proper trainings and upgradation programmes will enrich them. But for this reason their 21 years of studies were totally neglected through 150 questions in the name of TET exam. That away period of eight years also spent by them in learning practical child psychology. Certain things cant be teached or educated. It should be born out of experience. Motherness is such an pleasant experience and much needed for primary education students. This feeling cant be tested through any tests. The primary students studying in the government schools are mostly from middle class family, farmers and daily wagers. The governments new branded TET teachers would not be suit to these jobs.
Because of their personal excellence, they will find hard to meet with little hearts sweet beats. They may be appointed in international schools, central board schools and in matriculation schools. Because paper intelligence is not needed for our village primary students. What needed most for the primary students is humanitarian, motherhood, lovely, duty conscious, sincere and dedicated teachers. For these qualifications TET’s 150 questions wont answer.
Now a days primary education pattern is reduced to most simpler forms. Play & learn and activity based studies are now highlighted for students. Tremsters also introduced. The method of education is going towards creativity. But appointment of teachers are weighed by paper intelligence. These 3 percent of successful teachers can’t help to improve the standards of government schools. Because the success percentage is not normal. It is something exceptional. Exceptions can’t be rules. These extra ordinary successful candidates (like Mr. Anand raj who commented in padasalai) can be taken to national level improvement program, like the fields of ISRO, NATURAL DISASTERS REHABILITATION PROGRAMMES, ATOMIC ENERGY, FOREIGN RELATIONSHIPS e.t.c. What I discussed under point 10 can be verified with psychologists and psychiatrists.
11. Another shocking news revealed through TET is the most candidates passed paper I were graduates, recently passed students and working employees . They were in touch with the syllabous which helped them to score some marks. The poor senior most secondary grade and middle class family women candidates were forced to run in the competition with the recent candidates.
12. The D.T.Ed and B.Ed. systems so far followed has helped as to rank second in the educationalised states in india. This TET has unwantedly mixed the two branches of studies through which the D.T.Ed candidates are heavily affected. The pitiable D.T.Ed regular female candidates after completing their courses got registered in the employment exchanges and waiting with hope to get opportunity, were expelled by the recently completed students and with extra degree qualifications. These cadet students walked out from their war field and conquered the weaker (compared to graduates) D.T.Ed candidates opportunity. (similarly for B.T by P.G. students) This rational injustice has been caushed to these pitiable D.T.Ed female candidates with the help of TET. Can the government prohibit migration of this eligible TET passed candidates to B.T., and P.G. posts in future. When they get their chance in the upper berth they will flow away. But that actual seat belonged to one poor, pitiable D.T.Ed female candidate has been stolen away with the help of TET will be wasted in future. The TET is like an war conducted against old orthodox tribal races by the modernized, heavily equipped, well trained military.
13. The RTE act 2009 and G.O.(MS) no. 181 did not provide any opportunity or sections or laws or any loop holes to conduct a Re test to a conducted TET test. The retest is totally illegal and it don’t have any legal value before state and central government laws.
That too retest means it should be conducted to all. Supplementary test is totally different from retest. For failed candidates supplementary test will be conducted. For a retest it should be conducted to all. I don’t know how the government can select 2448 candidates through a TET test conducted for one and half hours and another 18,000 candidates through a retest for the same TET test for three hours. How these two categories were balanced and awarded ranks?
Why the first selected candidates were not asked to write the retest? They passed TET in one and half hour. If the same candidates were asked to write the retest, they can score more marks. Because now the duration of retest is three hours. It will help them to get better ranks. Why this opportunity is not given to these eligible candidates? Why did not the passed eligible successful candidates approached the court to get their chances? The truth behind their success can be subjected to little suspicious and their belief in luck and lack of faith in their knowledge. (not for all successful candidates).may restricted them to go for another test. If the number of vacancies were not up to the required level definitely a portion of the candidates will approached the court.
14. There are three types of test namely eligibility test, entrance test and competitive test. Entrance test are conducted to bring uniqueness among different kinds of education system in practice. Eligibility tests are conducted to check the strength of the courses offered. Competitive test are conducted to find skilled persons to suit for the employment opportunities. Its for the first time eligibility test is conducted like competitive test and employments were made on the basis of this test.
15. The schedule 9 (b) of the GO (MS) No.181 clearly states as follows: should give weightage to the TET scores in the recruitment process; however qualifying the TET would not confer a right on any person for recruitment employment as it is only one of the eligibility criteria for appointment.
But all the postings were now completely filled with candidate passed in the TET alone. For D.T.Ed candidates the seniority has been completely collapsed with TET exam. This is an absolute violation to supreme courts verdict in SPL(C) NO.18227,28/2008. The candidates were given appointment instead of seniority on the TET basis. The above section denies the right to seek for employment on TET basis.
16. Another important issue to be discussed about TET is the hardness of the question paper. For both TET tests variety of answers were published by various training academies. But none of the academies were able to release key answers for all questions and unique key answers were not given by all academies. TRB also published key answers. But failed to give correct answers for all questions. It listed some questions as out of syllabous and some as invalid questions. Nearly 23 questions key answers were challenged by educationists. TRB framed the questions. But it is unable to release correct answers after one month of the examination. What happened finally was not known to public. Exact answer keys were not published after correction to the tentative answer key list. Grace mark details are not revealed to the public. If it is this much harder to find answers for the questions by the TRB itself, how much it will be tough for the candidates to choose answers within the examination hall.
17. The whole teaching community has been blamed through out india by the certain individuals personal intelligence. Asking questions away from the syllabous, and through twisting questions what they want to prove to the world? Teacher training students are only average students. It is well known fact. Those who scored high in XII were selected to professional colleges, medium students to degree courses and the rest only were directed to D.T.Ed. course.
The D.T.Ed. candidates already given their opportunity to degree students for VI std to VIII std. postings. Now the remaining opportunities are also ruined through TET exams. So TET exams has to be cancelled for secondary grade teachers.
18.can the honourable high court consider this issue with motherly heart and pass orders to appoint D.T.Ed candidates in the seniority basis and proper upgradation programmes can be given to the candidates to enrich them if needed. Because the D.T.Ed. candidates had no other mode of appointment except teaching to primary standards. The graduates had all the ways opened to get opportunity in other fields also rather than teaching.
CAN THIS ISSUE BE CHALLENGED IN THE HIGH COURT OF TAMILNADU BASED ON THE ABOVE FACTS? SOME SAYS AS RTE ACT 2009 IS PASSED WITH PRESIDENTS SIGNATURE NOTHING CAN BE DONE TO THIS ACT. IS IT TRUE?
Raj Kumar Makkad
(Expert) 19 December 2012
You have rightly heard. RTE Act is also applicable in Tamilnadu and according to which nothing can be done in your case.
R.K Nanda
(Expert) 19 December 2012
contact local lawyer.
