Relaxation to West Bengal in Minimum Teacher Qualification Norms

F. No. 1-17/2010-EE-4(Pt.I)
Government of India
Ministry of Human Resource Development
Department of School Education & Literacy
EE-4 Section

New Delhi, dated the 9th April, 2015.

To
Secretary,
Department of School Education,
Government of West Bengal,
Bikash Bhavan, Salt Lake,
Kolkata,
West Bengal-700091.

Subject: Extension of relaxation to the State of West Bengal under Section 23(2) of the RTE Act, 2009 for the appointment of teachers upto 31st March, 2016.

Sir,

I am directed to refer to your D.O No. 133-SSE/15 dated 23.03.2015, on the subject mentioned above and to inform you that this Department has examined and considered the extension of the relaxation granted to the State Government under Section 23(2) of the RTE Act, 2009.

2. In exercise of powers conferred by Section 23(2) of the RTE Act, 2009, the Central Government has extended the relaxation to the State Government of West Bengal, vide notification S.O. 918(E) dated 1st April, 2015 which was published in the Gazette of India on 1st April, 2015. A copy of the aforementioned notification is being enclosed herewith for your information and necessary action.

Encl.: as above.

Yours faithfully,

Sd/- Sharda Sharma
Under Secretary to the Government of India

[F. No. 1-17/2010-EE 4]
MINISTRY OF HUMAN RESOURCE DEVELOPMENT
(Department of School Education and Literacy)

NOTIFICATION

New Delhi, the 1st April, 2015

S.O. 918(E). – Whereas the National Council for Teacher Education (hereinafter referred to as NCTE), in pursuance of sub-section (1) of section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009), (hereinafter referred to as the RTE Act), laid down the minimum qualifications for a person to be eligible for appointment as a teacher in classes I to VIII vide Notification No. 215 published in the Gazette of India, Extraordinary, Part III, Section 4 dated the 25th August, 2010;

2. And whereas, sub-section (2) of section 23 of the RTE Act provides that where a State does not have adequate institutions offering courses or training in teacher education, or teachers possessing minimum qualifications laid down under sub-section (1) of section 23 of the RTE Act are not available in sufficient numbers, the Central Government may, if it deems necessary, by notification, relax the minimum qualifications required for appointment as a teacher for such period, not exceeding five years, as may be specified in that notification;

3. And whereas, in exercise of the powers under sub-section (1) of section 35 of the RTE Act, the Central Government laid down the guidelines on 8 November, 2010 for the State Governments for submitting proposal to the Central Government for grant of relaxation under sub-section (2) of section 23 of the RTE Act;

4. And whereas, the Central Government in exercise of the powers under sub-section (2) of section 23 of the RTE Act granted relaxation to the State Government of West Bengal for a period up to 31st March, 2014 vide notification number S.O. 1352 (E), dated the 1st June, 2011 published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (ii), dated the 10th June, 2011;

5. And whereas, the State Government of West Bengal vide its letter dated 23rd March, 2015 submitted a proposal to the Central Government for extension of relaxation of the minimum qualification norms laid down by the NCTE in its notification published in the Gazette of India on 25th August, 2010;

6. And whereas, the Central Government examined and considered the proposal of the State Government of West Bengal for extension of relaxation under sub-section (2) of section 23 of the RTE Act;

7. Now, therefore, in exercise of the powers conferred by sub-section (2) of section 23 of the RTE Act, the Central Government hereby extends the relaxation to the State of West Bengal in respect of the minimum teacher qualification norms notified by the NCTE as published in the Gazette of India vide No. 215 dated 25th August, 2010, in so far as they relate to classes I-VIII, as under:-

(a) 2-year Diploma in Elementary Education (by whatever name known) for appointment of a teacher in classes I-V; and

(b) 1 -year Bachelors in Education (B. Ed) for appointment of a teacher in classes VI to VIII.
Note: 1. The aforementioned relaxation shall be valid upto 31st March, 2016 and shall be subject to the following conditions, namely: –

(i) as specified in the aforementioned notification of the NCTE, the Government of West Bengal shall conduct the Teacher Eligibility Test (hereinafter referred to as TET) in accordance with the guidelines dated 11th February 2011 issued by the NCTE and only those persons who pass the TET can be considered for appointment as i teacher in elementary classes;

(ii) the State Government and other school managements shall amend the recruitment rules to correspond with the minimum qualification norms laid down by the aforementioned notification of the NCTE;

(iii) in the matter of appointment, the State Government shall give priority to those eligible candidates who possess the minimum qualifications specified in the NCTE’s notification dated 25th August, 2010, and only thereafter, consider the eligible candidates with the relaxed qualifications specified in this notification;

(iv) advertisement for appointment of teachers should be given wide publicity, including outside the State;

(v) the State Government and other school managements shall ensure that teachers not possessing the minimum academic and professional qualifications laid down in the aforementioned notification of the NCTE shall acquire the same within the time limit specified under sub-section (2) of section 23 of the RTE Act;

(vi) the State Government and other school managements shall ensure that teachers who are appointed under the relaxed qualification norms acquire the minimum qualification specified in the NCTE Notification within a period of two years from the year of appointment.

2. In accordance with sub-para (iii) of para 5 of the TET guidelines issued by the NCTE vide its letter dated 11th February, 2011, the following persons shall also be eligible for appearing in the TET conducted by the State Government of West Bengal in respect of teacher appointments made in the State upto 31st March, 2016, namely :-

(i) for classes I to V – Senior Secondary (or equivalent) with at least 50% marks;

(ii) for classes VI to VIII – Graduation with at least 50% marks.

Sd/- RINA RAY
Addl. Secy.

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