The Court ruled that K-TET qualification is not mandatory for promotion to Headmaster in Minority Educational Institutions, based on earlier judgments.

JUDGMENT

Dated this the 16^th day of March, 2026 The petitioner states that he was appointed as HSA (Mathematics) at Fathima Memorial High School, Karinkallathani. The appointment of the petitioner was approved by the Department. The petitioner is having all necessary qualifications including the test qualifications conducted by the Kerala Public Service Commission for promotion to the post of Headmaster.

2. A vacancy of Headmaster arose at Fathima Memorial High School on 01.06.2025 and accordingly the petitioner was promoted to the said vacancy. The petitioner’s School was granted minority status by the National Council for Teacher Education.

3. The Constitution Bench of the Hon’ble Apex Court in Pramathi Educational and Cultural Trust and others v. Union of India [2014 KHC 4340] has held that the provisions of the Right of Children to Free and Compulsory Education Act, 2009 will not apply to Minority Educational Institution. Later, two Bench judgment of the Hon’ble Apex Court in Anjuman v. State of Maharashtra [2025 KHC Online 6761] has considered whether the TET qualification was a mandatory requirement for appointments to the post of Teachers. The Hon’ble Apex Court in Anjuman Ishaat-E- Taleem Trust (supra) referred the issue of applicability of RTE Act to Minority Educational Institution to a larger Bench and the issue was pending consideration.

4. The District Educational Officer as per Ext.P3 order rejected the approval of appointment of the petitioner as Headmaster citing the dictum in Anjuman Ishaat-E-Taleem Trust (supra). This Court had occasioned to consider a similar case in Ext.P8 judgment and this Court held that going by the provisions introduced by the National Council for Teacher Education, there is no need of K-TET qualification for promotion to the post of Headmaster and the said writ petition is allowed by this Court. Seeking the same benefit, this writ petition is filed.

5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.

6. The request of the petitioner is to approve the appointment of the petitioner as Headmaster of the High School from 01.06.2025 onwards. The application for approval stands returned as per Ext.P3 order stating that the case for approval will be considered on the basis of Government Orders, if any, issued pursuant to the judgment of the Hon’ble Apex Court.

7. I find that this Court has considered the issue whether K-TET is compulsory for promotion to the post of Headmaster in W.P.(C) No.1089/2026. By Ext.P8 judgment, this Court held as follows:-

“6. Ext.P9 is a notification issued by the National Council For Teacher Education on 23.08.2010 prescribing minimum qualifications for appointment to the post of various categories of Teachers. Ext.P9 indicates that a Teacher appointed before 03.09.2001 in accordance with the prevailing Recruitment Rules, need not hold KTET qualification. The petitioner was appointed before 03.09.2001.

7. Ext.P10 is the National Council for Teacher Education (Determination of Minimum Qualifications for Persons to be recruited as Education Teachers and Physical Education Teachers in Pre-Primary, Primary, Upper Primary, Secondary, Senior Secondary or Intermediate Schools or Colleges) Regulations, 2014. Ext.P10 Regulations indicate that for appointments in the Secondary/High School (for Classes IX-X), the minimum academic and professional qualification prescribed is Graduate/Post Graduate from the recognised University with at least 50% marks in either Graduation or Post Graduation (or its equivalent) and Bachelor of Education (B.Ed.) from National Council for Teacher Education recognised institution. Ext.P10 also does not make holding of KTET qualification necessary for appointment in Secondary Schools and