SC Upholds Mandatory TET for In-Service Teachers, Bars Promotion Without Qualification but Protects Service Under Article 142

 




Supreme Court   in  Civil Appeal No 1385 of 2025 titled as  Anjuman Ishaat-e-Taleem Trust vs State of Maharastra  and other  held that  the TET qualification  is mandatory for the in-service teachers  so as to ensure compliance with the Right to Education Act, 2009 except minority educational institutions.  In this matter  the court invoked powers under Article 142 of the Constitution of India to protect  the  services of teachers who have less than  five years of service may continue  in service however, they cannot be promoted without the qualification of TET (Teachers Eligibility Test).

 The court held that  teachers who are in service and have more than 5 years of the services, for their continuation in the service as teachers, they  must pass the TET within 2 years, failing which their services shall be discontinued.

  The Bench comprised Justice Dipankar Dutta and Justice Manmohan. 

 click here for detailed judgment

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