Supreme Court mandates TET for aspiring, in-service teachers

The Supreme Court has made the Teachers Eligibility Test (TET) compulsory for aspiring and in-service teachers aiming for promotions. However, in-service teachers appointed before the RTE Act need not qualify for TET if they have only 5 years of service left.

SC also said the TET requirement under the Right of Children to Free and Compulsory Education, 2009 (RTE Act) wouldn’t apply to minority education institutions until a larger bench decides the applicability of the RTE Act for minority schools.

The National Council for Teacher Education (NCTE) made the TET mandatory for candidates aspiring to be teachers on July 29, 2011.

Considering the requirement, the bench comprising Justice Dipankar Datta and Justice Manmohan stated that in-service teachers who have less than five years of service remaining and are aiming for promotion must qualify for the TET.

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Furthermore, if teachers fail to qualify for TET within the given time frame, they will have to quit service and may be compulsorily retired and paid terminal benefits. Also, to qualify for the terminal benefits, such teachers should have put in the qualifying service in accordance with the rules. In case of any deficiency, the case may be considered by the appropriate department by said representation.

The court further said: "We hold that the provisions of the RTE Act have to be complied with by all schools as defined in Section 2(n) of the RTE Act except the schools established and administered by the minority – whether religious or linguistic – till such time the reference is decided."