By Torist Mark
This week we saw hundred of primary school teachers running helter-skelter from one office of the Education Department to another in the city, anxious to get clarification on the educational qualification of the teachers vide the latest amendment of the RTE Act,2009. The teachers are naturally worried as they are made to understand that their job is at stake if they do not possess the required qualification by 2019.
Briefly the history of teachers’ qualification as indicated in the RTE Act 2009 section 23 read is as follows.”23(1)Any person possessing such minimum qualifications as laid down by the academic authority,authorized by the central govt. by notification shall be eligible for appointment as teacher (2) Where the state does not have adequate institutions offering courses or training in teacher education,or teachers possessing minimum qualification as laid down under sub-section(1) are not available in sufficient numbers,the central govt. 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 :provided that a teacher who at the commencement of this Act,does not possess minimum qualifications as laid down under sub-section (1) shall aquire such minimum qualifications within a period of five years
The academic authority authorized by the central govt. to prescribe qualification for teachers is the National Council of Teacher Education(NCTE).Since 2001 the NCTE had issued four notifications in 2001,2010,2011 and 2014 .In the 2001 Notification dated 4.9.2001 the qualifications were–For Primary(HSSLC and Diploma/certificate in teacher training of not less than two years OR Bachelor of Elementary Education).For Upper Primary( same qualifications as those of Primary above OR Graduate with Bachelor of Education).Since the state have no sufficient candidates with such qualifications,it appointed teachers with SSLC/HSSLC and provided in-service training to them.This continued till the implementation of the RTE Act 2009.
The NCTE vide their 2010 Notification dated 23rd August 2010 have revised the qualifications as follows: Para (1)-For classes I-V ( HSSLC with 50% marks and 2 –year Diploma in Elementary Education and pass the Teacher Eligibility Test(TET).For classes VI-VIII (Graduate with 2 year Diploma in EE OR Graduate with B.Ed and pass the TET).At para (4) of the notification, the relaxation of qualification of para(1) above are for the following categories of teachers – (a) teachers appointed on or after 3rd September 2001 under notification 2001 provided those with B.Ed or D.Ed shall undergo NCTE 6 month special programme in Elementary Education(b)teachers with B.Ed who has completed 6 month special BTC course approved by NCTE (c) teacher appointed before the 3rd September 2001 in accordance with the prevalent Recruitment Rules..
Again the NCTE vide their 2011 Notification dated 29th July 2011 have laid down similar qualifications as the 2010 Notification except a relaxation of 45 % marks for SC/ST.The latest NCTE notification on qualifications of teachers is notification dated 16th December 2014.This we say the 2014 Notification.It read “In the First Schedule, level 3.Primary and Upper Primary(classes .I to VIII)-Minimum qualifications as laid down by NCTE vide Notification dated 23.8.2010 as amended from time to time,that is, Notification 2011.
In pursuance of the above notifications and ever since the RTE Act 2009 came into force,the state govt.have to prescribe the teachers qualification as indicated in the NCTE 2010 Notification.Teachers who are appointed after 1st April 2010 who do not possess the minimum qualification are given five years to acquire the minimum qualifications.This is as per sub-section(2) of section 23 of the RTE Act 2009.
Technically the deadline according to the Act ended in 31st March 2015 for all teachers appointed under the different NCTE Notifications.The state govt. have not been able to continue the training process for in-service untrained teachers hence have requested the Centre for extension of the period for training untrained teachers and the Centre have agreed to extend four years which will end in 31st March 2019.
The amendment 2017 to the RTE Act 2009 reads” Para 2 .In the RTE Act,2009 in section 23 in sub-section (2) after the proviso,the following proviso shall be inserted namely,’provided further that every teacher appointed or in position as on the 31st March 2015 who does not possess minimum qualifications as laid down under sub-section (1) shall acquire such minimum qualifications within a period of four years from the date of commencement of the RTE Act,2009.’
The present confusion arose out of the interpretation of the various NCTE Notifications and teachers recruited in different periods of time..Firstly,it is clear no teacher be appointed after April 2010 without conforming to the minimum qualification as prescribed by the NCTE notification 2011.If there are teachers without the prescribed qualification after that date they are given five years to acquire the minimum qualification prescribed and now they are given four more years which will end in 2019..Secondly,teachers appointed before April 2010 are governed by the various notifications of the NCTE and the relevant relaxation .Thirdly, neither the Act nor the Meghalaya Right of Children to Free and Compulsory Education Rules,2011 mention anything about the fate of those teachers who fail to acquire the minimum qualification after the extended period. It is expedient to take a cautious approach in interpreting the various notifications without attracting legal implications.
It will be appreciated that the RTE Act attaches immense significance to the role of teachers in improving elementary education by making available professional trained teachers for the school system.The Govt.of India have assured that the expenditure relating to training of untrained teachers will be borne out of the approved allocation under Sarva Shiksha Abhiyan programme.The amount will be shared between the Central Govt. and the State Govt. in the ratio of 60:40 for normal states and 90:10 for North Eastern States.
The author is a former Director of Education,
Govt.of Meghalaya