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Justice D.Krishnakumar of Madras High Court has held that a person must qualify the Teachers Eligibility Test (TET) in order to be appointed as Sanskrit Pandit. Court has also noted that Sanskrit not being included in the syllabus prescribed by the Government for writing TET Examination does not exempt a person aspiring to be appointed as Sanskrit Pandit from TET.
The above transpired in a case where the petitioner was appointed in an aided non-minority institution as a Sanskrit Pandit in May 2009. The school management submitted a proposal for approval of the appointment of the petitioner to the Chief Education Office in June 2019, however the proposal was returned, directing the school management to furnish additional particulars.
The school management once again resubmitted the proposal for approval of the appointment of the petitioner, however, in 2021, the CEO rejected the proposal on the ground (i) that the petitioner did not qualify Teacher Eligibility Test (TET) and (ii) there is no equivalence certificate certifying that Siksha Sastry Certificate of the petitioner is equivalent to B.Ed. The petitioner therefore approached the High Court by way of a writ petition.
The counsel for the petitioner contended that Sanskrit is not included in the syllabus prescribed by the Government for writing TET Examination, as per the information obtained by the petitioner under RTI Act. He added that the authorities cannot expect the petitioner to pass in TET Examination, which is yet to be conducted by the Government.
On the contrary, the counsel for the State argued that while granting permission to fill up the vacant sanctioned posts, the authorities have stipulated that TET is mandatory to recruit Sanskrit Pandit as per Right To Education Act, 2009. He further contended that the school has violated the condition under which permission was granted to appoint Sanskrit Pandit. The counsel informed the court that there is no specific section for exemption from TET for Sanskrit Pandit and since the petitioner has not qualified the requisite qualification, as per the permission of the authorities, he cannot be appointed in the said post and he has no right to claim appointment for the post. The counsel for the state added that no separate TET examination is conducted for Sanskrit and only common test is conducted.
Court on hearing the submissions of the parties noted that the teachers, who do not possess the minimum qualification of pass in TET are not entitled to serve in the schools/educational institutions.
Court further said that there is no specific provision under the Act, granting exemption from writing TET for appointment to the post of Sanskrit Pandit.
Therefore, Court dismissed the writ petition and held that though Sanskrit is not included in the syllabus prescribed by the Government for writing TET Examination, there is no exemption granted for writing TET Examination in case of Sanskrit Pandit.
Case title: G.Prashanth Vs Director of School Education
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