The Supreme Court’s decision represents a significant milestone. It made the Teacher Eligibility Test (TET) compulsory for all the teachers in minority schools who want to continue their work or get a promotion. Justices Dipankar Datta and Manmohan in their verdict stated that the teachers currently in service having more than five years to their retirement should get TET done within two years. Otherwise, they will be directed to retire forcibly. Also, those teachers who are near the end of their working life will be given some relief.
Therefore, this decision impacts in-service teachers, and the main purpose of the paper is to highlight the necessity of the TET, as established by the National Council for Teacher Education (NCTE) in 2010. The TET examination is a vital criterion in implementing the RTE Act, 2009. The court stated that if teachers were allowed not to pass the TET, students would lose their right to quality education. Following up on this aspect, the judges referred to the first principle of the law limiting the possibility of non-compliance with the standards set by it.
Two-Year Deadline for In-Service Teachers
Teachers hired prior to the implementation of the RTE Act and who have more than five years remaining in their career are given only two years to qualify for either the Central Teacher Eligibility Test (CTET) or a state-level TET. Not being able to meet the requirements will force the teachers to either resign or take a compulsory retirement with terminal benefits if they fulfil qualifying service criteria. This order is primarily aimed at bringing those who are already on the job in line with current educational standards, making all government schools for classes 1 to 8 schools uniformly compliant.
On the other hand, the Supreme Court put forward a different point of view about those teachers who have less than 5 years until their retirement. These teachers can carry on with their teaching profession without going through the TET for clearance, but they will not be able to get promoted unless they have already passed the test. This sensible reprieve recognises the difficulties faced by long-serving staff approaching retirement.
Controversy and Teachers’ Concerns
The ruling has provoked a strong reaction from the unions of the employees, especially in the state of Odisha, where a large number of educators were appointed before July 2011 and have qualifications such as CT or B.Ed but not TET because it was not required earlier. The Odisha Primary Teachers’ Association, led by convenor Sunil Pradhan, criticised the decision, contending that it unfairly penalises devoted educators. “A lot of teachers have worked for a very long time, and this ruling is putting the contributions of the past into question,” said Pradhan, further stating that the association is going to study this order and may petition the Supreme Court again.
The Dividing Issue of the Applicability of TET in Minority Institutions
One more point which the court’s verdict leaves open is the question of whether the TET should be implemented in minority educational institutions. This issue has been handed over to a bigger bench for further consideration. The Supreme Court’s reference came after the conflicting decisions of high courts, and while Bombay has decreed TET in minority schools, Madras has exempted them, referring to the Pramati judgement of 2014. Until then, the TET is not compulsory for minority institutions.
A Push for Quality Education
The Supreme Court verdict clearly states the NCTE’s 2010 directive under which TET was set up as a national-level eligibility test to ensure that teachers of classes 1 to 8 meet the minimum qualification standard. Still, the move sets up a vigorous debate about fairness for the older generation of teachers. How the education system will react to the Supreme Court’s decision is a subject of heavy anticipation and debate in the sector. We are talking about thousands of teachers who now face the dilemma of preparing for TET and their future careers.
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