Document Fragment View

Matching Fragments

3. The requirement of teachers, holding the other qualification, of clearing the CTET Test conducted by CBSE, was as to bring about better education standards. Powers were accordingly exercised by the appropriate authority from time to time under the Right of Children to Free and Compulsory Education Act, 2009. The National Council for Teacher Education vide its circular dated 11.2.2011 has issued the guidelines for conducting Teacher Eligibility Tests under the Right of Children to Free and Compulsory Education Act, 2009. CTET examinations are accordingly being conducted for the teachers.

4. Petitioners admittedly do not have the CTET qualification. They have not appeared for the CTET examination, and thus do not have the CTET qualification. The petitioners yet claim that they should be entitled to apply for and seek appointment pursuant to the Advertisement No.1/13 (Annexure P-2) issued by the Government of National Capital Territory of Delhi.

5. To seek the relief of appearing in the exam without CTET qualification great stress is laid on behalf of the petitioners on the following aspects:-

(i) The circular dated 11.1.2012 issued by the Rehabilitation Council of India giving the qualifications for appointment of Special Education Teachers not requiring CTET qualification.
(ii) The fact that there is lack of Special Education Teachers who are to be appointed for the special children.
(iii) CTET qualification is required only for languages, social studies, mathematics, science etc etc and therefore, the CTET qualification is not required for appointment as special teachers.
(iv) There is similarity in the subjects which have been qualified by the petitioners when compared with the subjects in the CTET exam to be conducted, and therefore, it is claimed that once there is similarity in subjects, petitioners are entitled to seek employment without obtaining CTET qualification.

6. In my opinion, the writ petition is clearly misconceived for the reason that this Court cannot sit in the place of the appropriate authority which decides qualifications for being employed as teachers. In the present case, so far as the employer is concerned, being the National Capital Territory of Delhi, it has quite clearly been prescribed in the advertisement that the Special Education Teachers must have CTET qualification. I do not think that there is any illegality or absurdity in any employer asking that to seek appointment/employment as a teacher, he/she must have CTET qualification, and which qualification was to bring about a higher standard of education. The circular dated 11.1.2012 of the Rehabilitation Council of India does not in any manner support the petitioners‟ case inasmuch as though the qualifications with respect to teachers of different classes have been specified in the said circular (which is filed as Annexure P-7), however, the said circular begins with the expression "minimum requirement" i.e the requirements as mentioned for appointment as Special Education Teachers must consist of at least those qualifications which are specified in the circular dated 11.1.2012 i.e it does not mean that any employer cannot insist that teachers must have additional CTET qualification. Therefore, the contention of the petitioners that the petitioners are entitled to sit in the examination and seek appointment without CTET qualification is misconceived and rejected.