Recently Haryana govt has notified new service rules for appointment as teacher in govt schools in official gazette of haryana. These new rules has caused a stir among teaching community of state.Haryana was the first state in India to introduce a teacher eligibility test for teachers to bring about some sort of quality in teaching. Ever since introduction of STET/HTET in Haryana large number of candidates (more than one lakh) have qualified this test , now govt has made mockery of this test by relaxing the HTET/STET in appointments and making four years experience as a eligibility condition in lieu of HTET/STET in contravention of RTE act 2009.
Clearly passing eligibility test is mandatory for a teacher for classes I to VIII under RTE act ,However central govt can provide relaxation to a state up to maximum period of five years under subsection 2 of subsection 23 of the said act( see relevant document here ) but state govt has to provide justification for seeking such a relaxation like adequate number of eligible candidates not available or eligibility test not conducted owing to some shortcomings etc . After such an approval by central govt ,then central govt issues notification and guild lines providing relaxation.But such procedure is not followed in Haryana while notifying new service rules. Now what may be the view point of state govt for such rules:
*State govt has made a rule that a teacher initially will be appointed on contract only and within this contact period he/she has to qualify eligibility test , when he/she will be regularized (after five years of his/her contact and satisfactory service ) he/she will have to pass the eligibility test (up to 2015) and thus his/her regular appointment will be in terms of RTE act 2009.
*By such rules those candidates who have passes B Ed /JBT in session up to 2006-07 will only may be eligible (other than HTET/STET pass) normally results are announced in June-July and reckoning date will be 31st march,2012 ,so 2007-08 and later may not be eligible if govt notifies a vacancy in April May,2012.Now up to 2006-07 candidates are mostly guest teachers and by this move govt may want to provide direct relief to guest teachers.
Even if govt proves that no contravention of RTE act is committed while framing new appointment service rules then it has to conduct written test/written test (owing to increased number of candidates due to relaxation) ,if providing relief to guest teachers is only motive then how govt expects that guest teachers will pass such a test.
Let us see what will be the next move of the govt..............
(These views reflects personal opinion only as free expression of thought for general discussion; actual policy matter or interpretation of a rule or act may be different by an expert)
Clearly passing eligibility test is mandatory for a teacher for classes I to VIII under RTE act ,However central govt can provide relaxation to a state up to maximum period of five years under subsection 2 of subsection 23 of the said act( see relevant document here ) but state govt has to provide justification for seeking such a relaxation like adequate number of eligible candidates not available or eligibility test not conducted owing to some shortcomings etc . After such an approval by central govt ,then central govt issues notification and guild lines providing relaxation.But such procedure is not followed in Haryana while notifying new service rules. Now what may be the view point of state govt for such rules:
*State govt has made a rule that a teacher initially will be appointed on contract only and within this contact period he/she has to qualify eligibility test , when he/she will be regularized (after five years of his/her contact and satisfactory service ) he/she will have to pass the eligibility test (up to 2015) and thus his/her regular appointment will be in terms of RTE act 2009.
*By such rules those candidates who have passes B Ed /JBT in session up to 2006-07 will only may be eligible (other than HTET/STET pass) normally results are announced in June-July and reckoning date will be 31st march,2012 ,so 2007-08 and later may not be eligible if govt notifies a vacancy in April May,2012.Now up to 2006-07 candidates are mostly guest teachers and by this move govt may want to provide direct relief to guest teachers.
Even if govt proves that no contravention of RTE act is committed while framing new appointment service rules then it has to conduct written test/written test (owing to increased number of candidates due to relaxation) ,if providing relief to guest teachers is only motive then how govt expects that guest teachers will pass such a test.
Let us see what will be the next move of the govt..............
(These views reflects personal opinion only as free expression of thought for general discussion; actual policy matter or interpretation of a rule or act may be different by an expert)
2 comments: on "CENTRAL GOVT HAS POWER TO RELAX HTET/STET/TET UNDER SUB SECTION 2 OF SECTION 23 OF RTE ACT"
Rightly said. This government has made of mockery of well deserving candidates who have paseed HTET/CTET by their hard work.This govt. is not able to take decision. Every time they flip flop their decesions. It is not understable why this govt. is favouring the guest teachers.There are approximately 30 to 40 percent guest teachers are HTET qualified. So they are eligible. How the govt can appoint he rest who could not qualify the HTET after so many chances. Govt. is trying to please these 10 to 15 thousand teachers and forgetting the deserving omore than one lakh candidates. More over decesions like this, will also make people think that govt. is unable to take right decesions. What will be the future of the students .........
states should also take candidates IN CONSIDERATION who have passed CTET. haryana board is considering only HTET/STET passes candidates.........
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