SC rules TET mandatory for teachers to continue or get promoted

The Supreme Court has made it clear that teachers must pass the Teacher Eligibility Test (TET) to continue in service or be eligible for promotions, even if they were appointed before the law mandating the exam came into force.

The verdict came from a bench of Justice Dipankar Datta and Justice Manmohan while hearing multiple civil appeals, including Anjuman Ishat-E-Talim Trust vs State of Maharashtra and Others, which questioned whether pre-existing teachers were required to clear TET.

The National Council for Teacher Education (NCTE) had made passing the TET compulsory on July 29, 2011, for teaching positions in Classes 1 to 8.

According to the court, teachers who were appointed before the TET mandate and have less than 5 years of service remaining can continue teaching without clearing the exam.

However, they will not be considered for promotions unless they pass TET. Teachers with more than 5 years left in service must clear the exam within 2 years.

If they fail, they will face compulsory retirement or termination, along with retirement benefits.

The bench also noted that retirement benefits are linked to the required period of qualifying service. Departments will handle any shortfall as per existing rules.

“The main question was how to balance existing service with the new requirement,” the court said, adding that early compliance is essential for teachers seeking promotions.

The Supreme Court ruling clarifies that aspiring teachers must pass the TET before applying for positions in Classes 1 to 8.

Serving teachers with more than 5 years remaining until retirement are required to clear the exam in order to continue in service or be considered for promotion.

Those with less than 5 years of service left may continue teaching without passing the TET, but they will not be eligible for promotion.