Supreme Court's historic decision on teachers wo1

Teachers of classes one to eight will have to pass TET in two years

The Supreme Court has given an important decision regarding teachers teaching primary and junior classes i.e. teachers teaching classes one to eight. Teachers teaching classes one to eight will have to pass TET (Teacher Eligibility Test) in two years or else they will lose their jobs. This decision of the apex court will be equally applicable to primary and junior teachers across the country. It will even be applicable to those teachers who were appointed before the Right to Education (RTE) Act came into force. The Supreme Court has said in its decision that teachers who are in service and have more than five years left in their job will also have to pass TET within two years to remain in the job.

This important decision regarding teachers of primary and junior schools working was given by a bench of Justice Dipankar Dutta and Justice Manmohan on Monday on petitions filed against the decisions of various High Courts of the country. The court has given a detailed 110-page judgment. The issue of compulsory passing of TET for teachers teaching in minority educational institutions was also included in it. The bench has sent it to the larger bench for consideration. Minority institutions, whether they are religious minority or linguistic minority, both

The court has said that teachers who were appointed before the implementation of the RTE law and who have more than five years left for retirement, that is, those who have more than five years left in the job, will have to pass the TET within two years of this order to continue in the job. They will not be able to pass the TET in the stipulated time.

While sending the issue to the larger bench for consideration, it has ordered to present their case before the Chief Justice for appropriate orders. The court has decided the questions of consideration regarding minority institutions. Which will be considered by the larger bench.

In the order given about the rest of the teachers except minority institutions, the court has said that if the provisions of the RTE law, as stated in Section 2 (N),

fail, then their compulsory retirement can happen. However, they will be given the retirement benefits to which they are entitled. The court has clarified that to avail the retirement benefits, teachers will have to fulfill the rule of fixed period of service. If a teacher is unable to fulfill the condition of working for the required period, all schools will follow it. The court said that all the teachers who are in the job, no matter how long they have been in the job, it is necessary for them to pass the TET to remain in the job. The court said that it understands the practical difficulties of those who were appointed much before the implementation of RTE and who have been working for two or three decades. They are teaching with the best ability without any serious complaint.

If this is not done, the job will be lost, there will be no promotion without passing the TET

The case of minority educational institutions was sent to a larger bench

All schools will have to follow the order of the Supreme Court

Under RTE, it is necessary for all the teachers of the schools to pass the TET, no matter how long they have been in the job. Teachers who have more than five years left in their job will have to pass TET within two years. They may have to undergo compulsory retirement.

Supreme Court’s comment

Not passing TET may lead to compulsory retirement

If the service is less, then they can give a memorandum to the government and the department can consider it. The order also said that those who are hoping for appointment and those who are in job and are hoping to get appointment through promotion will have to pass TET otherwise their candidature will not be considered.

The court said that it is not that the children taught by those who have not done TET do not shine in life. It said that removing them from the job on the basis of not doing TET will be a bit harsh. Keeping these things in mind, the court has ordered under the power received in Article 142 that teachers who have less than five years left in their job can remain in the job till retirement without passing TET.

In service teacher : The requirement applies to teachers appointed before the RTE Act was implemented.
Time Limit : These teachers have two years from the date of the ruling to pass the TET.
Consequences of Non-Compliance : Teachers who fail to clear the TET within the two-year period will be compelled to quit service or face compulsory retirement.
Promotion Restriction : Teachers who do not qualify for TET will not be considered for promotions, though they may continue to serve if they have less than five years of service left.
Minority Schools : The ruling currently does not apply to minority schools, pending a decision by a larger Supreme Court bench.