Clearing TET is mandatory for teachers : HC tells TN

CHENNAI: Observing that the excellence of instructions provided by an educational institution mainly depends directly on the excellence of the teaching staff, the Madras High Court ruled that the teachers should possess minimum eligibility of a pass in the Teachers Eligibility Test (TET) for taking up the teaching profession.

“The respondents/school education department authorities are directed to proceed with the promotion counselling by issuing fresh notification for promotion to the post of BT assistants and headmasters in High Schools from among qualified teachers, who possess the minimum eligibility criteria of a pass in TET, in the light of Section 23 of the RTE Act, 2009, Rule 16 of the RTE Rules, 2011 and the corresponding communications between the Central and State governments and complete the entire process of promotion counselling as early as possible, ” Justice D Krishnakumar ruled.

The judge passed the direction on allowing a petition filed by R Sakthivel, a TET passed teacher.

The petitioner prayed for an order to the school education department to consider teachers who have passed the TET for the promotion.

When the matter was taken for hearing, the petitioner submitted that the State government had framed rules in 2020 to recruit/promote teachers who have not passed the TET which is against the Right To Education Act.

While dismissing another petition filed by several teachers challenging the postponement of teachers’ promotion counselling citing the pendency of Head Master transfers, the judge observed that it is crystal clear that as per RTE Act, 2009, RTE Amendment Act, 2017, RTE Rules, 2011 and the Notifications of NCTE, TET is mandatory for all the teachers, who are in service on the date of commencement of the Act.

“…the inescapable conclusion would be that every teacher whether Secondary Grade or B.T. Assistant, whether appointed by direct recruitment or promotion in the case of BT Assistant, whether initially appointed prior to the RTE Act, NCTE amended notifications or appointed thereafter, must necessarily possess/acquire the eligibility of a pass in TET,” Justice Krishnakumar held.

The court also quashed the notification issued by the state government promotions in June and July 2022.