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Teachers Eligibility Test required to continue in service; applicability on minority institutions to be examined by larger Bench: Supreme Court
Pertinently, the question of whether State can mandate TET for minority institutions and how it would affect their rights, was referred to a larger Bench.


The Supreme Court on Monday ruled that the Teachers Eligibility Test (TET) is a mandatory requirement to continue in teaching service or to seek promotion [Anjuman Ishaat-e-Taleem Trust v The State of Maharashtra & Ors].

The Bench of Justices Dipankar Datta and Manmohan, however, provided relief to the teachers who have only five years to reach their age of superannuation and directed that they may continue in service.

"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," it added.

Teachers who have more than five years in service are mandated to qualify the TET within two years to continue service, the Court said.

"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 service, in accordance with the rules. If any teacher has not put in the qualifying service and there is some deficiency, his/her case may be considered by the appropriate department in the Government upon a representation being made by him/her," the Court ordered.

The Supreme Court today held that qualifying the Teachers' Eligibility Test (TET) is mandatory for those aspiring for appointment as teachers and also in-service teachers aspiring for promotions..



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