Guwahati: The Supreme Court on Monday ruled that qualifying the Teacher Eligibility Test (TET) is mandatory for individuals seeking appointment as teachers and for in-service teachers aspiring for promotions.
For teachers appointed prior to the enactment of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), and having more than five years of service remaining, the Court allowed a two-year period to clear the TET in order to continue in service.
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The judgment, delivered by a bench comprising Justice Dipankar Datta and Justice Manmohan, also clarified that in-service teachers with less than five years of service left need not qualify for TET unless they wish to seek promotion.
The Court’s ruling came in a batch of appeals addressing multiple issues, including the applicability of the RTE Act to minority institutions and whether making TET mandatory for teachers in such institutions violates Article 30 of the Constitution.
The Court emphasized that all aspiring teachers and in-service teachers seeking promotion must qualify the TET; failure to do so would render them ineligible for consideration.
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Invoking Article 142, the Court acknowledged practical challenges and allowed teachers with less than five years of service to continue until superannuation without TET qualification, but stated they would be ineligible for promotion without passing the test.
For teachers with more than five years of service as of the date of judgment, failure to clear TET within the two-year window would result in compulsory retirement, though they would receive terminal benefits if they have completed the qualifying service.
The Court reiterated that all teachers aspiring for appointment or promotion must meet TET requirements, underlining that qualification is a prerequisite for eligibility.