Legal Conflict Over Mandatory Teachers' Eligibility Test (TET) for In-Service Teachers in Tamil Nadu
Tamil Nadu has sought a Supreme Court review of a judgment requiring all in-service teachers (Classes 1-8) to clear the Teachers' Eligibility Test (TET) within two years or face disqualification. The state argues that 'compulsorily retiring' nearly 4 lakh non-TET qualified teachers would lead to a collapse of the education system and violate Article 21A (Right to Education). The controversy centers on Section 23 of the RTE Act, 2009. While the court aims to ensure quality education, the state seeks a balance that protects the livelihoods of long-serving teachers appointed before the RTE Act's implementation.
Key Points
- Section 23 of the RTE Act mandates minimum qualifications for teachers as laid down by the NCTE.
- A 2014 SC judgment (Pramati case) exempted minority institutions from the RTE Act, but recent rulings suggest bringing them back under its ambit.
- Tamil Nadu argues that the TET requirement should not apply retrospectively to teachers appointed before the 2010 notification.
- The Supreme Court invoked Article 142 to exempt teachers with less than five years of service left from taking the TET.
Exam Facts
- Relevant Law: Right of Children to Free and Compulsory Education (RTE) Act, 2009 (Section 23).
- Constitutional Article: Article 21A (Fundamental Right to Education).
- Case Reference: Pramati Educational and Cultural Trust case (2014).
Read it. Retain it. Recall it.
Get spaced-repetition flashcards, daily quizzes and offline access — free on Android.