The Supreme Court on Friday ruled that clearing the Teacher Eligibility Test (TET) is mandatory for in-service teachers, extending the deadline to pass the examination until August 31, 2028, for them to continue in service. A bench comprising Justices Dipankar Datta and Manmohan dismissed over 65 review petitions filed by state governments, teachers’ associations, and individual teachers challenging the court's earlier ruling in the Anjuman Ishaat-e-Taleem Trust case.
Background of the Case
The petitioners had contested the 2025 judgment, which stated that in-service teachers appointed before the Right of Children to Free and Compulsory Education (RTE) Act, 2009, and having more than five years left before retirement, must clear TET within two years from September 1, 2025. While refusing to alter its earlier stance, the court extended the deadline by one additional year.
“Considering that TET examinations must be conducted expeditiously by the relevant authorities and the time and resources required are limited, we alter and extend the timeline from two to three years,” the bench stated. The court clarified that teachers must now obtain the qualification by August 31, 2028, instead of the previous deadline of August 31, 2027. The bench also emphasized that no further extensions would be granted.
Rejection of Retrospective Application Argument
Rejecting the argument that the rule amounted to retrospective application of the law, the court noted that the RTE Act clearly requires even in-service teachers to acquire minimum qualifications within a fixed timeframe. “The legislature intended the in-service teachers to also meet the prescribed minimum threshold,” the court observed.
The Supreme Court also ruled that exemptions granted through notifications or subordinate legislation by the National Council for Teacher Education (NCTE) cannot override the parent law. The bench asserted that allowing teachers without TET qualification to continue indefinitely would compromise the quality of education. “Service of teachers cannot come at the cost of the educational future of children,” the court remarked.
Concerns Addressed
The petitioners had argued that teachers appointed before the RTE Act and the 2011 amendment to the NCTE Act should not be forced to clear TET midway through their careers. They also contended that enforcing the rule could lead to a large number of teachers losing their jobs and disrupt schooling. Acknowledging these concerns, the court stated that a practical approach is needed to ensure continuity in elementary education. However, it stressed that the law is child-centric and focused on ensuring quality education.
The court directed states and competent authorities to conduct TET exams regularly, preferably twice a year with a gap of about six months, so eligible teachers get sufficient opportunities to qualify.
