The High Court of Jharkhand allowed a petition praying to direct the respondents to take appropriate steps for conducting the Teachers Eligibility Test (STET) which has not been held for the last eight years. The court directed the Jharkhand State Government to conduct annual Teacher Eligibility Tests, allowing eligible residents with CTET or neighbouring state certificates, stipulating a three-year timeframe for examination completion and a three-month preparation window for the candidates.
Brief Facts:
The writ petitions have been filed by the Jharkhandi CTET Utteern Abhiyarthi Sangh through its Secretary and certain persons, who are qualified to be appointed as Primary Teachers with a prayer to direct the respondents to take appropriate steps for conducting the Teachers Eligibility Test (STET), which has not been held for the last eight years.
Contentions of the Appellant:
The learned counsel appearing on behalf of the appellant contended that a large number of candidates available in the State of Jharkhand, who have acquired all other requisite qualifications for participating in the process of recruitment of teachers in the State other than having STET qualification, only because of laches and fault on the part of the respondents, who have neither conducted State TET since 2016 nor have taken a decision to recognize CTET qualification as equivalent eligibility in the State for including about three to four lakhs aspirants, who are getting over age just on account of laches of the official representing the State and lose a chance in participating in the forthcoming selection process.
Contentions of the Respondent:
The learned counsel appearing on behalf of the respondent contended that he has received oral instructions that the State is willing to relax the criteria for eligibility as far as the candidates having CTET examination certificate with a stipulation that on a future date, they have to clear the State TET examination and those persons should be the residents of Jharkhand. Since the law provides that every year, there should be a TET examination, and for the last so many years, there has been no examination for testing the eligibility of the aspirants to be appointed as teachers, we are of the opinion that not only those candidates, who have CTET certificate and residents of Jharkhand but also those residents of Jharkhand, having other qualification and having State TET examination certificate of any of the neighbouring States should also be given a chance to appear in the examination with certain stipulations.
Observations of the Court:
The court observed that clause 10 of the guidelines conducting TET wherein, it has been provided at Sub Clause (b) that a school referred to in Sub Clause (i) and Sub Clause (ii) mentioned therein may also consider the eligibility of a candidate who has obtained TET Certificate awarded by another State/UT with the legislature. In case a State Government/UT with legislature decides not to conduct a TET, a School at (i) and (ii) in that State/UT would consider the TET conducted by the Central Government. The court stated that the State Government is genuinely creating a number of posts for which the State TET examination is required to be conducted, which has not been held for the last almost nine years, i.e., the last examination was held in 2016.
The court directed the state government to conduct the TET examination every year and residents of the State of Jharkhand, who are otherwise eligible to appear in the examination and hold a CTET certificate or a certificate issued by the neighbouring States having a resident of Jharkhand shall be allowed to appear in the ongoing process with a further stipulation that the State shall ensure that the examination, if not held within a year, is held at least within next three years and the candidates who have participated in the selection process and have been appointed have to clear that STET examination within a period of three years by giving one chance. They shall pass it within three years and at the first available chance. The court further directed that the state government shall not conduct the examination for at least for next three months so that the candidates should get some time to prepare for the exam and if the State Government fails to conduct the examination within three years then the stipulation will not take its full effect and those candidates who have cleared the examination process and having otherwise qualified shall not be removed from service.
The decision of the Court:
The court allowed the petition.
Case Title: Jharkhandi CTET Utteern Abhiyarthi Sangh vs. State of Jharkhand
Coram: Hon’ble Mr. Justice Sanjaya Kumar Mishra, Hon’ble Mr. Justice Ananda Sen
Case No.: W.P. (PIL) No. 2785 of 2023
Advocate for the Applicant: Mr. Ajit Kumar, Mr. Vikalp Gupta, Mr. Kushal Kumar, Mr. Rohit Ranjan Sinha, Mr. Vishal Kumar, Mr. Piyush
Advocate for the Respondent: Mr. Rajiv Ranjan, Mr. Ratnesh Kumar, Mr. Gaurav Raj, Mr. Prashant Kumar Rai, Mrs. Richa Sanchita, Mrs. Pinky Shaw, Ms. Risheeta Singh, Mr. P.A.S. Pati, Mr. Sunil Kumar, Mr. Shiv Kumar Sharma
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