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Case Overview

Case Name: Rajneesh Kumar Pandey and Ors. vs. Union of India and Ors., W.P.(C) No. 132/2016

The matter was heard by Justices Dipankar Datta & K. Vinod Chandran of the Supreme Court of India. The Court examined whether special educators appointed for Classes 9–12 must mandatorily qualify the Teachers’ Eligibility Test (TET) . The Union Government argued that TET is compulsory for all teachers along with certification under the Rehabilitation Council of India (RCI). The controversy arose from earlier judicial directions & recruitment guidelines under the Samagra Shiksha Scheme.

Key Aspects

The dispute revolves around interpretation of recruitment rules for special educators at the secondary stage. The Court scrutinised whether executive communications could expand eligibility conditions beyond statutory guidelines. It also considered the status of contractual teachers nearing retirement. Additionally compliance with earlier directions on pay parity became a significant issue.

• Whether TET qualification is mandatory for Classes 9 to 12 special educators.

• 2021 guidelines specified TET only for Classes 1–5 & 6–8.

• Validity of Ministry’s communication dated 10 June 2022 imposing TET.

• Non-compliance by States regarding pay parity & service conditions.

Legal Insights

The case involves interpretation of statutory provisions governing teacher qualifications. The Court examined whether executive instructions can override statutory rules. It also considered the constitutional mandate for quality education & equality in service conditions. The legal debate balances regulatory standards with fairness to existing teachers.

• Section 23 of the Right of Children to Free & Compulsory Education Act, 2009 – Prescribes min. teacher qualifications (primarily up to elementary level).

• Articles 14 and 16 of the Constitution of India – Equality & equal opportunity in public employment (relevant to pay parity).

• Article 21A of the Constitution of India – Right to education structure .

• Rehabilitation Council of India Act, 1992 – Mandatory RCI registration for special educators.

• Principle that executive instructions cannot override statutory rules (settled administrative law doctrine).

Court’s Verdict

The Supreme Court of India directed the Union Government to file an affidavit clarifying whether TET is mandatory for Classes 9–12 & whether any TET examination has been conducted for secondary schools since 2010. The Court further ordered all States & Union Territories to file compliance affidavits within 1 month regarding earlier directions on pay parity & service conditions of contractual teachers.

Source – Supreme Court of India

Read also – Constitution of India

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