Whether Teachers Appointed Prior To July 29, 2011 Must Pass TET To Be Considered For Promotion? Supreme Court To Consider

The Supreme Court is set to consider the question as to whether teachers appointed prior to July 29, 2011, having years of teaching experience, are required to qualify the Teachers’ Eligibility Test (TET) to be considered for promotion. The Court is also to examine whether, in case of minority institutions, there can be insistence by school education departments on teachers’ passing of the TET.

For context, on July 29, 2011, the National Council for Teacher Education (NCTE) made TET mandatory under amendments to the notification laying down the minimum qualifications for a person to be eligible for appointment as a Teacher.

A bench of Justices Dipankar Datta and Manmohan recently passed an order stipulating the issues thus:

“1. The important question of law which is raised in the present SLP is whether the Department can insist for TET examination passed in case of Teacher of a minority institution and whether providing such a qualification would effect any of the rights of the minority institution guaranteed under the Constitution of India?

2. Whether teachers appointed much prior to issuance of the Notification dated 29th July, 2011 and having years of teaching experience (say, 25 to 30 years) are required to succeed in the Teachers’ Eligibility Test for being considered qualified for promotion?”

Notice was issued on the instant batch of petitions in 2022, when a bench of Justices MR Shah and BV Nagarathna framed the first issue.

The matter is now listed on February 6, when the Court will hear the stances of (i) states and Article 12 authorities, (ii) teachers aspiring for promotion not having TET qualification, (iii) TET qualified teachers who want to supersede non-TET qualified teachers, and (iv) minority institutions not in favor (and those in favor) of application of the Right to Education Act, 2009 to institutions established and administered by them.

The Court has also called upon Attorney General of India to address it, as the matter involves interpretation of a central law (RTE Act).

It is worthwhile to mention that in May, 2022, the Madras High Court held that TET qualification, in terms of the Right of Children to Free and Compulsory Education Act, 2009, cannot be made applicable to minority institutions.

A year later, in 2023, a division bench of the Madras High Court, comprising now Supreme Court judge – Justice R Mahadevan – held that any teacher appointed as a Secondary Grade Teacher or a Graduate Teacher/BT Assistant prior to July 29, 2011, was eligible to continue in service even if they had not qualified TET, but they ought to pass TET to be eligible for consideration to future promotional prospects. Be that as it may, the Court clarified that TET was mandatory for all teachers appointed after July 29, 2011, whether by direct recruitment or by promotion.

Case Title: THE DIRECTOR OF SCHOOL EDUCATION CHENNAI 6 vs. B. ANNIE PACKIARANI BAI, SLP(C) No. 2691/2022 (and connected cases)

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