Supreme Court directs TET qualification for non minority school teachers, granting in-service teachers two years and exempting minority institutions until further ruling.
SUPREME COURT MANDATES TET QUALIFICATION FOR TEACHERS IN NON MINORITY SCHOOLS
Case in NewsSupreme Court mandates TET qualification for teachers in non minority schools granting two years to in-service teachers . |
Case Overview
Case Name : ANJUMAN ISHAAT E TALEEM TRUST v. STATE OF MAHARASHTRA & ORS | C.A. No. 1385/2025
A Bench of Justice Dipankar Datta and Justice Manmohan of the Supreme Court of India held that qualifying the Teacher Eligibility Test (TET) is mandatory for aspiring teachers as well as in-service teachers seeking promotion . The case examined the applicability of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) and its impact on minority and non-minority institutions .
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Key Aspects
The Court balanced statutory compliance with practical realities . It considered challenges faced by in-service teachers and minority institutions .
- TET was made compulsory by NCTE notification, 2011 for teaching appointments .
- Teachers appointed prior to the RTE Act with more than 5 years of service left must pass TET within 2 years .
- Teachers with less than 5 years of service left need not clear TET unless seeking promotion .
- Minority institutions remain exempt from TET until a larger bench decides on RTE’s applicability under Article 30 .
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Legal Insights
The Bench interpreted key provisions and used constitutional powers for equitable directions :
- Section 2(n), RTE Act, 2009 – definition of schools subject to compliance .
- Article 30, Constitution – rights of minority institutions under Indian Constitution .
- Article 142, Constitution – used to grant relief to teachers nearing retirement .
- NCTE Notification (2011) – mandatory TET for appointment eligibility .
Court’s Verdict
The Supreme Court of India mandated that all non-minority school teachers must clear TET, with a two-year window for in-service teachers having more than 5 years of service left . Teachers failing to qualify will face compulsory retirement with terminal benefits . Minority school teachers remain exempt until a larger bench rules on the RTE Act’s applicability .
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Source – Supreme Court of India
Read also – Article 30 of Constitution
