Tamil Nadu challenges Supreme Court ruling extending TET mandate to pre-2010 teachers under Section 23 RTE Act.
Case in NewsThe TET mandate not for teachers appointed before 2010 forms the basis of Tamil Nadu’s review plea . |
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Case Overview
Case Name: State of Tamil Nadu vs. Union of India & Ors. (Review Petition)
The Tamil Nadu Government has filed a review petition before the Supreme Court of India against its September 1 ruling which mandated that even teachers appointed before the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) must pass the Teachers’ Eligibility Test (TET) within two years if they have more than five years of service remaining . The plea, filed through Advocate-on-Record Sabarish Subramanian and settled by Senior Advocate P. Wilson, challenges this interpretation as contrary to legislative intent .
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Key Aspects
Before framing its challenge, the State emphasized the administrative and constitutional implications of the ruling .
- Tamil Nadu employs 4,49,850 teachers; 3,90,458 are not TET-qualified .
- FIR-style implementation of TET would cause mass disqualification and collapse of the education system .
- Section 23(1) of the RTE Act governs future recruitments, not retrospective appointments .
- Section 23(2) relaxation applies only to post-2010 appointments made under relaxed norms .
Legal Insights
The petition relies on statutory interpretation and constitutional safeguards .
- Section 23(1), RTE Act – prescribes minimum qualifications for new teacher recruitment .
- Section 23(2), RTE Act – allows Central Government to relax norms temporarily for five years .
- Article 21A, Constitution – guarantees right to education; mass teacher removal violates it .
- Principle of proportionality – retrospective TET mandate is disproportionate; alternatives like in-service training and refresher courses suffice .
Court’s Verdict
The Supreme Court of India has yet to decide on the review plea . Tamil Nadu seeks clarification that the TET mandate applies prospectively, not to teachers appointed before April 1, 2010 .
Source – Supreme Court of India
Read also – Constitution of India
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