The court clarified that the Teacher’s Eligibility Test (TET) is a mandatory qualification for Special Educators, addressing earlier misunderstandings regarding the Rehabilitation Council of India's requirements.

ORDER

1. Mr. Rana Mukherjee, learned senior counsel appearing for the State of Uttar Pradesh, has invited our attention to the judgment of this Court in Rajneesh Kumar Pandey & Ors. v. Union of India, (2021) 17 SCC 1 and has sought to impress upon us that Teacher’s Eligibility Test, TET, to be conducted by the appropriate Government in accordance with the guidelines framed by the National Council for Teacher Education, has been acknowledged as the minimum educational qualification for becoming an Educator for Classes Pre- school-V (Pre School to Primary Stage).

2. This is absolutely contrary to the impression that we were carrying till date. We were under the impression that in terms of the order dated 07^th March, 2025 passed by a coordinate bench of this Court, any candidate or person aspiring to be appointed as a Special Educator was mandatorily required to obtain the Rehabilitation Council of India, RCI quali

3. However, Mr. Rishi Malhotra, learned amicus curiae has also drawn our attention to an earlier order of this Court dated 21^st July, 2022 where circular dated 10^th June, 2022 issued by the Government of India, Ministry of Education, Department of School Education and Literacy has been referred to. It also, inter alia, refers to CTET/TET/NTA score + demonstration of Class room teaching + interview, as part of the recruitment process.

4. It is not in dispute that proceeding on the basis that RCI is the mandatory qualification, some of the States have issued notification commencing selection processes without, however, mentioning that TET is also a requisite qualification.

5. We need to ascertain from the National Council for Teacher Education, NCTE the position of statutory rules/guidelines, as they stand today, with regard to the necessity to clear TET by persons seeking to become Special Educators; if yes, whether wide publication of such necessity has been given or not.

6. NCTE be impleaded as an additional respondent in the lead matter.

7. Issue notice, returnable on 02^nd December, 2025.

8. Learned amicus curiae shall place before us a complete set of the notifications issued by various States initiating selection process without specifying TET as a requisite qualification.

9. If any selection process is on the verge of completion, we make it clear that no candidate shall be appointed unless he/she possesses the TET qualification.

10. Ms. Kunika, learned counsel appearing for the impleader(s) makes a complaint that despite the earlier order dated 28^th October, 2025, Delhi Government has not published results of selection pursuant to the advertisements dated 20th July, 2022 and 31st July, 2023. Ms. Neha Singh, learned counsel appearing on behalf of Delhi Government, on instructions, assures the Court that the merit list will be published within two weeks from date.

11. We require the list to be placed before this Court on the next date.

12. Re-list on 02^nd December, 2025 at 03:00 p.m.

13. Due to paucity of time, the cases relating to the States of West Bengal, Odisha could not be taken up today. We propose to hear the said States on the next date.