The Supreme Court on Monday ruled that passing the Teacher Eligibility Test (TET) is compulsory for all individuals aspiring to become teachers as well as for in-service teachers seeking promotion.
Delivering the verdict, a bench of Justice Dipankar Datta and Justice Manmohan held that teachers appointed prior to the Right to Education Act, 2009 (RTE Act), who still have more than five years of service remaining, will be given two years to clear TET. Failure to do so will result in compulsory retirement, though such teachers will still receive terminal benefits if they meet the qualifying service period.
The Court clarified that teachers with less than five years of service left will not be required to qualify for TET unless they wish to be considered for promotion.
The ruling came while deciding on a batch of appeals that raised questions about the applicability of the RTE Act to minority institutions and whether making TET mandatory violated Article 30 of the Constitution.
Invoking Article 142, the Court sought to strike a balance between practicality and policy. It allowed teachers nearing retirement to serve until superannuation without passing TET, but firmly stated that promotions would only be granted to those who clear the exam.
“The TET is a non-negotiable benchmark,” the bench observed, stressing that all aspiring teachers and serving teachers aiming for promotion must qualify the test.
The judgment is expected to impact thousands of teachers across India, underlining the government’s emphasis on quality in school education and reinforcing TET as the minimum standard of eligibility.
