With due respect, the undersigned, on behalf of the ANPSTA, have the honour to highlight few pertinent facts on the issue of appointment of trained candidates in the Schools of the State, for favour of your judicious consideration and necessary action thereon.
That Sir, considering the fact that to impart quality education in schools the need for trained teachers is an indispensable pre-requisite, the Government of India has made it mandatory under Section 23 of the ‘Right of Children to Free and Compulsory Education (RTE) Act, 2009, that only persons with prescribed minimum qualification shall be eligible to be appointed as a teacher. The said section also clearly lays down that in case the vacancies exceed the number of qualified teachers, the State concerned must obtain relaxation from the Central Government and thereafter appoint untrained candidates in accordance with the conditions laid down by the Central Government while granting the relaxation. In exercise of the power granted by the RTE Act, the Ministry of Human Resource Development (MHRD) and the National Council of Teacher Education (NCTE) has laid down detailed Guidelines for the States and Union Territories to follow in the matter of recruitment of teachers.
One such requisite is that apart from the prescribed minimum qualification, the candidate must also pass the Teacher Eligibility Test (TET) to be eligible for appointment as a teacher, for which detailed structure and content of TET is laid down. The condition of passing the TET is also mandatory for unqualified candidates who are allowed to be considered for appointment as teachers upon relaxation granted by the Central Government, and such candidates are further required to complete the prescribed training within 5 years of appointment.
The position of law, therefore, is that only trained candidates are eligible for appointment as teachers so long as the number of posts available does not exceed the number of trained candidates. Only in case where the number of posts exceeds the number of trained teachers, untrained candidates may be considered against the excess vacancies and that too after obtaining relaxation from the Central Government. The untrained candidates are also required to pass the TET before they can be eligible to be considered for appointment. In this regard, the government of Nagaland, Department of School Education, has issued several notifications to the effect that trained candidates shall be given preference over untrained candidates.
Despite the clear provisions of law and the Department’s own policy, the Department of School Education has conducted the Teachers’ Recruitment 2012 without complying with the RTE Act, 2009, and the rules framed there under. Hence, the ANPSTA have been compelled to protest against the arbitrary action.
Now, we have realized the necessity that the NSF and other Public spirited organizations be appraised of the issue in detail so that action in the interest of the public may be initiated from your end to compel the State Government to act in accordance with the law and in public interest.
We, therefore, earnestly request you to consider the matter in the light of the greater public interest involved and be pleased to take up the matter with the State Government to implement the specific provisions of the RTE Act and the rules framed there under and also to uphold its own policy of giving first preference to the trained candidates, so that the object of the RTE Act to provide quality education to children is realized.
AKHOBU VESWU
General Secretary
ANPSTA
