Supreme Court upholds teachers’ reinstatement in Uma Kant vs State of U.P. (2025 INSC 1273).
SUPREME COURT REINSTATES TEACHERS TERMINATED FOR LACKING TET AT APPOINTMENT
CASE SUMMARY – The Supreme Court in Uma Kant & Another vs State of U.P. & Others (2025 INSC 1273) held that teachers who acquired TET qualification within the extended statutory period cannot be terminated for lacking the certificate at appointment. The appellants, appointed in 2012 and qualified TET by 2014, were dismissed in 2018. The Court ruled that under the 2017 amendment to Section 23 of the RTE Act, they were deemed qualified as of March 2019. It quashed the High Court’s and BSA’s orders, directing reinstatement with continuity of service but without back wages.
| ASPECTS | DETAILS |
| Case Title | Uma Kant and Another vs State of Uttar Pradesh and Others |
| Introduction | The appellants challenged their termination as Assistant Teachers by the Basic Shiksha Adhikari, Kanpur Nagar, on the ground that they lacked TET qualification at the time of appointment. |
| Factual Background | Advertisement for four teaching posts was issued in July 2011. The appellants were appointed in March 2012. One cleared TET in 2011 and the other in 2014. Their services were terminated in July 2018 for not having TET at appointment. |
| Legal Issues | Whether teachers who acquired TET qualification after appointment but within the extended statutory period could be terminated for lacking TET at the time of appointment. |
| Applicable Law | Section 23 of the Right of Children to Free and Compulsory Education Act, 2009, and 2017 Amendment extending time for acquiring minimum qualifications. |
| Analysis | The Court noted that by 2014 both appellants had qualified TET, well before the deadline of March 2019 under the 2017 amendment. Hence, termination in 2018 was unjustified. |
| Conclusion | Supreme Court set aside High Court and BSA orders, directed reinstatement with continuity of service but without back wages. |
| Current Scenario | As of 31 October 2025, the appellants are to be reinstated in Jwala Prasad Tiwari Junior High School with full service benefits except back pay. |
“Teachers who obtained TET within the statutory period cannot be denied reinstatement merely for lacking it at appointment.”
SOURCE – SUPREME COURT OF INDIA
READ ALSO – TET MANDATE NOT FOR TEACHERS APPOINTED BEFORE 2010
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