TET qualification is mandatory for all in-service teachers aspiring for promotion, as per the directions of the Supreme Court, regardless of their total years of service.

COMMON ORDER:

Since all these Writ Petitions arise out of the same issue, they are being taken up together and disposed of by this Common Order.

2. Heard Sri P.S.Rajashekar, Sri M.Ram Gopal Rao, Sri Gungalwar Arun Kumar, Sri P.Narasimha, Sri V.Ravichandran, Smt. Trupthi Agarwal, Sri Allika Suresh, Sri D.Bala Kishan Rao, Sri C.Raja Sekhar Reddy and Sri S.Rahul Reddy, learned Special Government Pleader representing the learned Additional Advocate General appearing for the respective parties. Perused the material on record.

3. In these Writ Petitions, some of the petitioners are questioning the promotions granted to the Teachers who have no qualification of TET, while others seek promotions without TET qualification. This issue was already adjudicated by the Hon’ble Supreme Court in Civil Appeal No.1385 of 2025 and Batch vide Judgment dated 01.09.2025 and the said Judgment squarely applies to the instant cases. The relevant portion of the aforesaid Judgment of the Hon’ble Supreme Court reads as under:

TET “VIII. ORDER ON APPLICABILITY OF THE TO IN-SERVICE TEACHERS

214. Per the detailed discussions above and resting on the same, we hold that the provisions of the RTE Act have to be complied with by all schools as defined in Section 2(n) of the RTE Act except the schools established and administered by the minority whether religious or linguistic - till such time the reference is decided and subject to the answers to the questions formulated above under section VII. Logically, it would follow that in-service teachers (irrespective of the length of their service) would also be required to qualify the TET to continue in service.

215. However, we are mindful of the ground realities as well as the practical challenges. There are in-service teachers who were recruited much prior to the advent of the RTE Act and who might have put in more than two or even three decades of service. They have been imparting education to their students to the best of their ability without any serious complaint. It is not that the students who have been imparted education by the non-TET qualified teachers have not shone in life. To dislodge such teachers from service on the ground that they have not qualified the TET would seem to be a bit harsh although we are alive to the settled legal position that operation of a statute can never be seen as an evil.

216. Bearing in mind their predicament, we invoke our powers under Article 142 of the Constitution of India and direct that those teachers who have less than five years' service left, as on date, may continue in service till they attain the age of superannuation without qualifying the TET. However, we make it clear that if any such teacher (having less than five years' service left) aspires for promotion, he will not be considered eligible without he/she having qualified the TET.

217. Insofar as in-service teachers recruited prior to enactment of the RTE Act and having more than 5 years to retire on superannuation are concerned, they shall be under an obligation to qualify the TET within 2 years from date in order to continue in service. If any of such teachers fail to qualify the TET within the time that we have allowed, they shall have to quit service. They may be compulsorily retired; and paid whatever terminal benefits they are entitled to. We add a rider that to qualify for the terminal benefits, such teachers must have put in the qualifying period of servic