The court held that clearing the Teacher Eligibility Test (TET) is a compulsory qualification for recruitment as JBT teachers under the Right to Education Act and that the appointments be made strictly in accordance with the rules.
Acting on an appeal by the state, a division bench comprising Justice D.C. Chaudhary and Justice Vivek Singh Thakur set aside a single Judge's order wherein the state was directed to consider the case of petitioners as per the law.
The petitioners had sought relaxation in TET qualification criterion for recruitment to the posts of JBT teachers.
As per the respondent candidates, they had taken admission in Rajeshwari Teachers Training Institute in Kullu in 2002-2003 for a two-year JBT course.
They said that due to various reasons, examinations could not be conducted within the stipulated time. They were allowed to sit for final examinations along with the 2008 batch and finally passed the JBT course after September 2011.
On August 23, 2012, the state government made qualifying the TET mandatory for recruitment of JBT teachers. On September 12, 2012, the government decided to fill 1,300 such posts.
The applicants pleaded that they were enrolled in JBT course in 2002-03 and only their final examinations were held in 2010-11. Therefore, they requested, they should be treated as the batch from 2002 and 2003 and exempted from clearing the TET.
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