15/01/2026
Supreme Court's verdict(s) on the Teachersâ Eligibility Test (TET)
(ANJUMAN ISHAAT-E-TALEEM TRUST-
VS-THE STATE OF MAHARASHTRA & OTHERS)
214. Per the detailed discussions above and resting on the same, we hold that
the provisions of the RTE Act have to be complied with by all schools as
defined in Section 2(n) of the RTE Act except the schools established
and administered by the minority â whether religious or linguistic â till
such time the reference is decided and subject to the answers to the
questions formulated above under section VII. Logically, it would follow 109
that in-service teachers (irrespective of the length of their service) would
also be required to qualify the TET to continue in service.
215. However, we are mindful of the ground realities as well as the practical
challenges. There are in-service teachers who were recruited much prior
to the advent of the RTE Act and who might have put in more than two
or even three decades of service. They have been imparting education
to their students to the best of their ability without any serious
complaint. It is not that the students who have been imparted education
by the non-TET qualified teachers have not shone in life. To dislodge
such teachers from service on the ground that they have not qualified
the TET would seem to be a bit harsh although we are alive to the settled
legal position that operation of a statute can never be seen as an evil.
216. Bearing in mind their predicament, we invoke our powers under Article
142 of the Constitution of India and direct that those teachers who have
less than five yearsâ service left, as on date, may continue in service till
they attain the age of superannuation without qualifying the TET.
However, we make it clear that if any such teacher (having less than five
yearsâ service left) aspires for promotion, he will not be considered
eligible without he/she having qualified the TET.
217. Insofar as in-service teachers recruited prior to enactment of the RTE
Act and having more than 5 years to retire on superannuation are
concerned, they shall be under an obligation to qualify the TET within 2
years from date in order to continue in service. If any of such teachers
fail to qualify the TET within the time that we have allowed, they shall have to quit service. They may be compulsorily retired; and paid
whatever terminal benefits they are entitled to. We add a rider that to
qualify for the terminal benefits, such teachers must have put in the
qualifying period of service, in accordance with the rules. If any teacher
has not put in the qualifying service and there is some deficiency, his/her
case may be considered by the appropriate department in the
Government upon a representation being made by him/her.
218. Subject to what we have said above, it is reiterated that those aspiring
for appointment and those in-service teachers aspiring for appointment
by promotion must, however, qualify the TET; or else, they would have
no right of consideration of their candidature.
