To Honorable President of India Rashtarapati Bhawan, New Delhi.

Subject: To appoint JBTs(2008-10) without TET on the basis of appointments order by Govt. of Kerala because both states have equal powers of appointment, interfere under Art. 255 of Indian Constitution Honorable Madam, With regards, myself want to appeal you to take some positive action regarding the appointment of JBT teachers (2008-10) without Teacher Eligibility Test(T.E.T.) on the pattern of Govt. of Kerala. It has issued clear directions to appoint the teachers in the state without T.E.T. on temporary basis till the appointments are done in that state in session 2012-13. GOVERNMENT OF KERALA

No: 31904/J2/12/G.Edn

General Education (J) Department Thiruvananthapuram. Dated: 06.06.2012

CIRCULAR
Sub:- General Education - Package - Staff Fixation during -2012-13-clarification reg. Ref:- (1) G.O.(P) No.l99/ll/G.Edn dated 01.10.11 As ordered year due that the be per staff the Government in each also. and Order school referred during above 2010-11 it was fixation to academic arose were

would to

applicable resignation,

2011-12

However retirement

vacancies during

that

death,

promotion During

2010-11

allowed to be filled up.

the academic year 2012-13"

staff fixation

in each school will be decided based on the strength of students which is to be determined by the process of UID. The process of UID enrolment of students in each school is going on and it will take some more time to complete this process. (2)
:

In the circumstances it is clarified that the staff fixation for 2010-11 will be

made applicable to 2012-13 also till the process of .UID. enrolment is completed in each school. The staff fixation will be revised in each school as soon as UID based strength is available. It is also clarified that the managers, are permitted to fill up the vacancies arising during 2012-13 due to retirement, promotion, death and resignation on regular basis if the TET qualified teachers, are available for appointment as TET is a mandatory qualification for the post of teacher as per RTE Act. Teachers who have qualified CTET, NET, SET and who have M.Phil or Phd in the respective subject are exempted from acquiring TET. If the TET qualified hartds are not available for appointment, the manager can appoint teachers

without TET qualification on daily wages till the TET qualified teachers are available for permanent appointment.

M.SIVASANKAR

Secretary to Government

The Director of Public Instructions, Thiruvananthapuram All the Deputy Directors of Education All the-District Educational Officers through the DPI All the Assistant Educational Officers The Executive Director IT @ School, Thiruvananthapuram. All Sections / Officers in the General Education Department Stock File/Office Copy As the state governments of India(excepting J&K) have similar powers to appoint the teachers, the law used by Govt. of Kerala is enough to indicate that the same pattern of appointments may be initiated by the state govt. of H..P. The article 255 of Indian Constitution needs your kind attention as you may direct the state cabinet has the power to make such laws of appointments. The Govt. of Kerala has used them. Please note that the decision of Govt. of Kerala has not been challenged by MHRD and NCTE. There cannot be two laws for states in India. Hence, temporary appointments may be done in case of JBT(Batch 2008-10) unemployed who were announced job in August ,2011 but the various changing directions of TET caused delay in their appointments.

Please note that the conditional appointments may be done of these JBTs who are unemployed for last 18 months due to lack of clear policy by NCTE and MHRD. Please order the temporary appointments of JBTs with the condition that they will qualify TET within three years of temporary appointment. The candidates who have passed CTET/M.Phil /Ph.D./N.E.T./S.E.T. may also be exempted from T.E.T. like that done by Govt. of Kerala. As Kerala is also a leading state in education in India, Govt. of H.P. can follow its pattern as it is equivalent to the standard of education and literacy in H.P. If these candidates are not appointed, they will get more exploitation. The code of conduct may vanish the hopes of appointment of JBTs and hence, it is the simple way to solve this issue. Please take the matter very seriously.It is the cry of 2600 families and you must heed it now. I hope that you will allow/order the state govt. to act appropriately. It is worthy to mention that the action taken by your office is not sent via email or letter. Please remove this technical fault. I am not demanding any unconstitutional thing because Article 255 of Indian Constitution has given you this power because TET in under the Centre Govt. and Parliament based RTE act provision which is to be implemented by states where education is in

the state list and hence, when the implementation of the said provision has come in argument, you may interfere and allow state govt. for temporary appointments without TET because there is a huge shortage of teachers in elementary education department of HP(2009-10) which has many 985 single teacher primary schools in violation to the provision of RTE act while there should not be even a single such school in the state. There are 5956 govt. pry. Schools having just two teachers. Hence, many appointments are needed. It is worthy to mention that the state has critical condition in Primary Teachers appointments as there has been no appointment of JBTs since 2009. Many teachers have been retired and promoted and hence, the vacancies are lying vacant in those schools. PTR may be good but there is lack of staff in many schools. Approximately 700 govt. primary schools have been closed and hence, the existence of Govt. primary schools is in danger. This batch of JBTs 2008-10 was a hope to revive the status of these schools but well qualified trained JBTs have not been appointed due to TET which clearly symbolizes that the conditions in the schools will get worse in future. Please allow the temporary appointments and give at least 3 years time to each JBT to qualify the TET. The conditional appointments may be done as they have qualified the JBT course successfully. Please act immediately. Thanking with regards, Yours sincerely, Vijay Kumar Heer , State President of Himachal Shikshak Kranti Manch V.P.O. CHAKMOH, TEHSIL BARSAR(HAMIRPUR)HP 176039 FAX NUMBER: 01972286402

Date:17-07-2012