‘Clarify stand on TET for minority schools’

The Bombay high court earlier this week directed the government of Maharashtra to clarify its stand on whether or not teachers eligibility test (TET) is a necessary requirement to employ teachers in minority schools across the state.

A division bench of Justice Naresh H. Patil and Justice Amjad A. Sayed directed the government pleader to take instructions from the government and inform the court on February 8. The court was hearing a bunch of writ petitions filed by Al Amin Education Society, Azad Education Society and Arbi Urdu Marathi Education Society all based in Miraj in district Sangli of Maharashtra. All these are minority institutions are running different schools and colleges and have challenged a state government notification making it compulsory for even minority institutions to appoint teachers on the basis of TET.

The contention of petitioners is that in 2009 the Parliament enacted the Right of Children to Free and Compulsory Education Act for smooth running of education system and for granting equal opportunity of education to all the children below 14-years of age.

However, according to petitioners, the vires (powers) of this Act was challenged by some minority institutions in the Supreme Court and in the case of Pramati Educational and Cultural Trust’s case the apex court has held that as far as minority schools, aided or unaided covered under clause 1 of Article 30 of Constitution of India are concerned, the 2009 Act is ‘ultra vires’ (beyond the powers) the Constitution.

On the basis of the Supreme Court judgment, these institutions have contended that in light of this judgment, this Act is not applicable to the minority education institutions.

Advocate Rahimatullah Momin on behalf of petitioners argued that in consonance with the RTE Act, the government of Maharashtra issued a notification in 2013 making TET compulsory for appointment of all primary teachers and now the concerned officers of education department are insisting on TET results.

According to petitioner, in absence of TET certificates the officers are either refusing to grant approval to the appointment of teachers or are keeping the proposal for approval pending on one count or the other.

Mr Momin alleged that because of this minority educational institutions are suffering. “There is backlog of teachers in the minority schools and there are many vacancies,” he said adding that in such situation the students from such minority schools are suffering and therefore, the parents are considering removing their wards from these schools and so some of these schools are on the verge of shutting down.

He claimed that in light of Supreme Court order, the provisions of this Act are not applicable on minority schools either linguistic or religious.

On above grounds the petitioner has requested the court to direct the government to clarify the controversial notification and also to not refuse approval to appointments of teachers in absence of TET certificate for minority schools.