ORDER
1. This bunch of writ petitions has been filed by the Jharkhandi CTET Utteern Abhiyarthi Sangh through its Secretary Sonu Suman 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 Teachers Eligibility Test (in short 'STET'), which has not been held for the last eight years. It is not disputed that the last examination was held in the year 2016. The grievance of the petitioners is that a large number of candidates available in the State of Jharkhand, who have acquired all other requisite qualification 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.
2. The matter was heard by us and in course of hearing on 25.07.2023, our attention was drawn to clause 10 of the Guidelines conducting TET wherein, it has been provided at Sub Clause (b) that
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a school referred to in Sub Clause (i) and Sub Clause (ii) mentioned therein may also consider eligibility of a candidate who have obtained TET Certificate awarded by another State/UT with 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.
3. In view of such position, we were of the opinion that the State Government is genuinely creating a number of posts for which State TET examination is required to be conducted, which has not been held for the last almost nine years (sic), i.e., last examination was held in 2016, then it should take into consideration the said provision. We, therefore, advised the learned counsel for the State to file a short affidavit stating whether they intend to allow those candidates, who have obtained TET certificate from the Central Government or any other State/UT, provided other conditions are fulfilled.
4. In pursuant thereto, a supplementary counter affidavit has been filed by the respondents on 16.08.2023 wherein, it has been stated on behalf of the State Government as follows:-
"7. That it is stated that that one of the essential qualifications for a person to be eligible for appointment as a teacher in any of the schools referred to in Clause (n) of section 2 of the RTE Act is that he/she should pass the Teacher Eligibility Test (TET) which will be conducted by the appropriate Government in accordance with the guidelines framed by the NCTE.
8. That it is stated and submitted that State of Jharkhand is intending to implement the Jharkhand TET Objectives in consonance to the geographical and regional needs, requirements such as various languages, Tribal Languages/Culture and Hindi language speaking population within the state of Jharkhand.
9. That it is most humbly submitted that the Central Teacher's Eligibility Test hereinafter referred to CTET is basically concerned and is conducted for determining the eligibility of candidates for teacher posts for Classes 1 to 8 in Central Government Schools such as NVS/ KVS and other Schools.
10. That it is stated at the State of Jharkhand has formulated its own Teacher's Eligibility Test, Rules 2019 vide Notification No. 103 dated 04.10.2019 which apart from Math/ Science, Social Studies teachers stipulates for language teachers. The rules further prescribes for eligibility of teachers for imparting education of regional languages, other local/ tribal languages for the preservation of cultural needs and diversities of the State.
11. That it is stated that Jharkhand Teacher's Eligibility Test, Rules 2019 prescribes for different eligibility criteria with respect to appointment of language teachers who are required to have
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qualification one atleast one local language out of various local and tribal languages spoken in the State.
12. That it is stated that Jharkhand Council of Educational Research and Training Ranchi is responsible for performing the important functions of promotion of educational research, improvement of educational techniques, practices and research findings, develops curriculum instructional and exemplar materials, methods of teaching, techniques of evaluation, teaching aids."
5. The main concern that is raised by the learned Advocate General in course of hearing today is that certain languages, which are spoken only in the State of Jharkhand and unless that is included in the curriculum of the examination for determining the eligibility of the candidates for being appointed as teachers in the State definitely the purpose of recruitment of teachers should be defeated. However, we are of the opinion that these aspects of objections can be taken care of by making certain stipulation in the order that is being passed.
6. However, in course of hearing of these writ petitions today, learned Advocate General appearing for the State would submit 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 in 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 neighboring States should also be given a chance to appear in the examination with certain stipulations which we propose to lay down in the following paragraphs.
7. In view of the proposal made by the learned Advocate General and also having considered the matter to a great anxiety, we, hereby,
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dispose of the writ petitions and the W.P.(PIL) directing the State Government to conduct the TET examination every year, henceforth.
8. We further direct that those 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 neighboring States having 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 in one first available chance.
9. We further stipulate that the State Government shall not conduct the examination at least for next three months so that the candidates should get some time to get ready or prepare for the exam. 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.
10. There shall be no orders as to costs.
11. All pending Interim Applications stands disposed of.
12. Grant urgent certified copy of this order as per the Rules. (Sanjaya Kumar Mishra, C.J.)
(Ananda Sen, J.)
N.A.F.R.
APK/VK