Supreme Court Refuses Review Of 2025 Verdict Mandating TET Exam For In-Service Teachers

The Supreme Court has refused to review its decision from 2025 whereby it had directed in-service teachers imparting lessons to students recruited prior to enactment of the RTE Act, and having more than 5 (five) years to retire on superannuation, to qualify the Teacher Eligibility Test (TET) within 2 years from 1st September, 2025.

A batch of review petitions were filed with a common grievance that the judgment and order passed by in Anjuman Ishaat e-Taleem Trust v. State of Maharashtra erroneously interprets the Right of Children to Free and Compulsory Education Act, 2009.

However, a bench of Justices Dipankar Datta and Manmohan, having regard to the paramountcy of ensuring continuity in elementary education of children, has granted limited relief by extending the period earlier stipulated for acquiring the TET qualification, again, in exercise of power under Article 142 of the Constitution.

"Appreciating that the TET examination must be conducted by the relevant authorities expeditiously as well as the time and resources required for the same are limited, we alter and extend the timeline granted in paragraph 217 of Anjuman (supra) for in-service teachers to acquire the TET qualification from 2 (two) to 3 (three) years, i.e., the qualification has to be obtained by 31st August, 2028 instead of 31st August, 2027, as originally directed," the court has now ordered.

Court has also called upon the States and the competent authorities to conduct the TET periodically, and preferably twice every year, interspersed with an approximate period of six months between the successive examinations, so as to afford eligible teachers a reasonable opportunity to comply with the statutory requirement. It has also made it abundantly clear that no further prayer for extension of time shall be entertained.

The impugned order was passed by court while dealing with civil appeals challenging judgments/orders of two of the three chartered high courts as regards applicability of the Teacher Eligibility Test to minority educational institutions and whether qualifying in the TET is a mandatory prerequisite for recruitment of teachers as well as promotion of teachers already in service.

Notably, the supreme court had then referred the issue of minority schools being exempted from the ambit of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) to the Chief Justice of India. A bench of Justices Dipankar Datta and Manmohan questioned the court's 2014 judgment in Pramati Educational & Cultural Trust v. Union of India. "We respectfully express our doubt as to whether Pramati Educational and Cultural Trust (supra) [insofar as it exempts the application of the RTE Act to minority schools, whether aided or unaided, falling under clause (1) of Article 30 of the Constitution] has been correctly decided", the bench had observed.

Invoking its powers under Article 142 of the Constitution of India, the Supreme Court had then directed that while the reference is pending, 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. "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", the bench had ordered.

Case Title: Case : State of UP v Anjuman Ishaat-E-Taleem Trust and others

Bench: Justices Datta and Manmohan

Judgment Date: May 30, 2026