Need for changes in RTE and NCTE laws: PM’s letter to the Prime Minister
Tamil Nadu: Chief Minister M.K. Stalin has written a letter to Prime Minister Modi, urging him to make necessary changes to the Right to Free and Compulsory Education Act (RTE) and the National Council of Teachers Education Act, 1993 (NCTE Act).
Details of the letter:
Appropriate changes should be made to Section 23 of the RTE-2009 and Section 12A of the NCTE Act, 1993, to protect teachers, ensure they are eligible for promotion, and ensure children’s education is not affected.
A recent Supreme Court decision has made it mandatory for all teachers who have not passed the Teacher Eligibility Test (TET) to obtain a TET qualification within two years before continuing in service. It also states that teachers with less than five years of service, even if they are permitted to continue in service, will be ineligible for promotion if they do not pass the TET qualification.
The NCTE initially exempted teachers appointed before 23.8.2010 from new eligibility requirements such as the TET. However, the current Supreme Court decision has made the TET mandatory, violating the exemption granted to teachers.
As a result, these teachers will now be required to pass the TET within two years; failure to do so will result in loss of employment, resulting in significant administrative burden and personal hardship for teachers. This change in working conditions and interference with their legitimate expectation of promotion after appointment is a violation of teachers’ rights and directly impacts the vast majority of teachers who were fully qualified and properly appointed under the pre-statutory rules in effect at the time of their appointment.
Thus, approximately 400,000 teachers in Tamil Nadu alone have been affected. All of them met all the required educational and professional qualifications at the time of their appointment. Furthermore, they were selected through a legal and fair process.
Furthermore, they had been employed for several years before the introduction of the TET in 2011. Retrospective implementation of the TET for these teachers significantly disrupts their long-standing right to retain their jobs and qualify for promotion.
This creates administrative difficulties in the state and seriously risks disrupting the functioning of the school education system.
The effects of this premature implementation are evident across the country. Given the recruitment process, the availability of qualified teachers, and working conditions in rural and remote areas, it is impossible for any state to transfer such a large number of teachers.
Furthermore, denying long-serving, experienced teachers promotion opportunities simply because their qualifications began several years after their appointment creates significant difficulties and obstacles.
The regulations under Section 23 of the RTE Act will impact millions of teachers across the country, directly impacting the constitutional right to education under Article 21A.
Given these considerations, Prime Minister Modi should direct the Union Ministry of Education to take necessary steps to make appropriate changes to Section 23 of the RTE Act and Section 12-A of the NCTE Act 1993.
He stated that only then will teachers employed before 23.8.2010 be protected, remain eligible for promotion, and ensure that children’s education is not impacted.
