Teachers without TET qualification not allowed to continue services: Madras HC

Justice D Krishnakumar passed the rule while dismissing a batch of writ petitions praying increment without reference to the passing of TET with all consequential and other attendant benefits, based on their representation submitted in December last year.

Teachers who have not qualified the Teachers Eligibility Test (TET) cannot continue in service, the Madras High Court order said on March 7, 2022. Justice D Krishnakumar passed the rule dismissing a batch of writ petitions. The Judge also directed the authorities concerned to ensure strict compliance of the instructions issued by the School Education Secretary vide letter dated May 2, 2019, failing which appropriate action shall be taken in accordance with law.

Ensure Guidelines issued by National Council for Teacher Education (NCTE)

The Judge further added that the authorities must ensure strict compliance with the guidelines issued by the National Council for Teacher Education (NCTE) in February 2021 by conducting a TET examination once in every year to enable the teachers to qualify themselves.

The judge also stated that despite the lapse of many years after the enactment of the RTE Act in 2009, the said statutory provision has not been complied with and the petitioners and (other) teachers are allowed to continue in service without possessing the minimum eligibility condition of a pass in TET, as per Section 23 of the Act and also as per the RTE (Amendment Act), 2017.

The Court also dismissed a batch of writ petitions from one K Vasudevan and eight others praying for directions to concerned authorities to sanction annual increment in a city-based school from 2012 as well as the incentive increment for having acquired BSc (Maths) without reference to the passing of TET with all consequential and other attendant benefits, based on their representation submitted in December last year.

The Judge stated that it is mandatory for the teachers, who did not possess the minimum qualification of passing TET prior to the 2019 RTE Act to acquire the same within nine years i.e., within March 31, 2019. He further added, “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.”

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