Madras High Court rules that teachers who did not get through TET cannot continue in service. Here's why

It was compulsory for teachers who did not have the minimum qualification of passing TET to acquire it within nine years, that is, March 31, 2019
File photo of Madras High Court | (Pic: Express)
File photo of Madras High Court | (Pic: Express)

The Madras High Court ruled on Thursday, April 7, that those teachers who weren't able to pass the Teachers Eligibility Test (TET) cannot continue in service. 

It was while dismissing a batch of writ petitions that Justice D Krishnakumar gave the ruling and asked concerned authorities to make sure that the instructions issued by the School Education Secretary vide letter dated May 2, 2019 are strictly complied with. If it is not, then, in accordance with the law, appropriate action will be taken, stated a report by news agency PTI.

The authorities also need to make sure that strict compliance with the guidelines issued by the National Council for Teacher Education (NCTE) in February 2021 by conducting TET exam once annually so that teachers have the chance to qualify themselves, the judge stated.   

Despite the enactment of the Right to Education Act (RTE) in 2009, there have been several lapses over the years, said the judge woefully. The said statutory provision was not adhered to and as a result, there were the petitioners and other teachers who were permitted to continue in service without having the minimum eligibility condition of passing TET, as per Section 23 of the Act and also as per the RTE (Amendment Act), 2017.

It was compulsory for teachers who did not have the minimum qualification of passing TET to acquire it within nine years, that is, March 31, 2019.  

"Thus, the teachers, who do not possess the minimum qualification of pass in TET are not entitled to continue their service in the schools/educational institutions," the judge said.

It was a batch of writ petitions from K Vasudevan and eight others that the court was dismissing. The petitioners prayed for a direction to the concerned authorities to sanction their annual increment in a city-based school from 2012, also, an incentive increment for having acquired a BSc (Math) without reference to the passing of TET with all consequential and other attendant benefits. This was based on their representation submitted in December last year. 

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