The Supreme Court of India, in a crucial hearing, has taken up the issue of whether experienced teachers, who have served for decades, should be required to clear the Teachers’ Eligibility Test (TET) for promotions. A bench comprising Justice Dipankar Datta and Justice Manmohan is set to deliberate on this matter, which holds significant implications for thousands of educators across the country.
Background of the Case
The dispute arose when several teachers, employed long before the introduction of the TET requirement, were denied promotions due to non-fulfillment of the eligibility criteria set forth in the Right to Education (RTE) Act, 2009. The State of Tamil Nadu and other concerned states had made the TET qualification mandatory for teachers aspiring for promotions, leading to widespread legal challenges.
The case also involves minority institutions, which have argued that the TET requirement violates their constitutional rights under Article 30, which guarantees their autonomy in managing educational institutions. Several appeals were consolidated in this matter, originating from the High Court of Judicature at Madras (Madurai Bench), which upheld the necessity of the TET qualification.
Legal Issues Before the Supreme Court
1. Can the government insist on TET for teachers in minority institutions?
Minority educational institutions claim that imposing TET interferes with their fundamental rights under the Constitution of India.
2. Does the TET requirement apply to teachers appointed before the 2011 notification?
Many teachers, some with 25-30 years of teaching experience, argue that making them pass the TET for promotions is unfair and retroactive in nature.
3. Is the TET qualification essential for ensuring teaching quality?
The government has maintained that the Right to Education Act, 2009, aims to enhance the standard of education by ensuring that only qualified teachers are promoted.
Supreme Court Proceedings and Observations
The court, while issuing notice in SLP (C) No. 2691 of 2022, had framed a key question for consideration:
“Whether the Department can insist on the TET examination for teachers of minority institutions and whether such a qualification would affect any of the rights of the minority institution guaranteed under the Constitution of India?”
During the proceedings, the court also acknowledged the concerns of teachers with long-standing service, stating:
“Whether teachers appointed much prior to the issuance of the Notification dated 29th July 2011 and having years of teaching experience (say, 25 to 30 years) are required to succeed in the Teachers’ Eligibility Test for being considered qualified for promotion?”
To ensure a structured hearing, the bench listed four categories of arguments to be addressed:
1. State Governments & Authorities under Article 12 – Justifying the necessity of TET.
2. Teachers without TET qualification – Contesting the requirement for promotions.
3. Minority Institutions – Opposing the application of the RTE Act, 2009.
4. TET Qualified Teachers – Arguing for priority in promotions.
The petitioners were represented by Senior Advocates P. Wilson and S. Nagamuthu, along with Amol Chitale and Pragya Baghel. Various states and minority institutions had their legal teams, including Senior Advocate Romy Chacko and Advocate Neelam Singh. The Supreme Court has also sought assistance from the Attorney General of India, given the implications of the case on central laws.
