J&K Assembly passes resolution seeking TET exemption for teachers appointed before 2019

The Jammu and Kashmir Legislative Assembly on Sep 24 passed a resolution seeking exemption from the Teacher Eligibility Test (TET) for teachers appointed before October 31, 2019.

The resolution, moved by School Education Minister Sakeena Itoo, urges the Union government to amend Section 23 of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, to exempt teachers appointed before the cut-off date from appearing for the TET.

The House also sought the necessary legal steps and notification through the National Council for Teacher Education (NCTE) to implement the exemption.

The resolution was passed unanimously by voice vote after a two-day discussion in the Assembly. Several legislators raised concerns about applying the TET requirement to teachers who were appointed years before the provision became applicable in Jammu and Kashmir.

The cut-off date corresponds to the coming into effect of the Jammu and Kashmir Reorganisation Act, 2019. The issue has been raised in the context of the subsequent application of the RTE framework and TET requirements to teachers in the Union Territory.

The J&K Teachers Forum had earlier sought an October 31, 2019 cut-off after the government initially introduced a resolution proposing January 1, 2019. The teachers' body argued that using the earlier date could exclude teachers appointed between January and October 2019. The Assembly's final resolution adopted October 31, 2019 as the proposed cut-off.

The Assembly's resolution comes against the backdrop of a Supreme Court ruling on TET requirements for teachers covered by the RTE Act.

The Supreme Court held in September 2025 that TET is a minimum qualification prescribed under Section 23 of the RTE Act and is mandatory for teachers covered by the Act. In May 2026, the court extended the deadline for in-service teachers to acquire the qualification to August 31, 2028 and said authorities should endeavour to conduct TET examinations periodically, preferably twice a year.

The J&K Assembly's resolution does not by itself change the TET requirement. Since the requested amendment concerns the central RTE Act, the next action would have to come from the Union government.

The resolution specifically asks the Centre to make the statutory amendment and for the required notification to be issued through NCTE.

During the Assembly discussion, legislators also raised concerns about the practical difficulties that could arise for experienced teachers, including those working in remote areas where schools may already face shortages of subject teachers.

The resolution now places the proposed exemption before the Union government for consideration.