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Supreme Court Upholds TET Requirement for In-Service Teachers, Extends Deadline to 2028

New Delhi, May 30, 2026: The Supreme Court has refused to review its earlier judgment requiring in-service school teachers to qualify the Teacher Eligibility Test (TET), while granting a one-year extension for compliance until 31 August 2028.


A Bench of Justice Dipankar Datta and Justice Manmohan dismissed a batch of review petitions filed by States, teachers’ associations and individual educators challenging the Court’s 2025 ruling in Anjuman-I-Islam’s Saifia Hamidiyya Teachers Training College & Another v. State of Maharashtra. The Bench found no error in its earlier judgment warranting a review.


The Court reaffirmed that in-service teachers must obtain TET qualification to continue in service and to be considered for promotions. It rejected arguments that the requirement could not be imposed on teachers appointed before the enactment of the Right of Children to Free and Compulsory Education (RTE) Act, 2009.


In its ruling, the Bench observed that the RTE Act itself envisaged existing teachers acquiring prescribed minimum qualifications within a specified period. The judges held that the law clearly reflected the legislature’s intention that serving teachers, and not only future appointees, must meet the required standards.


The Court also rejected the contention that the TET requirement amounted to a retrospective change in service conditions. It stated that TET is not merely an eligibility criterion but a constitutional necessity flowing from the right to quality education under Article 21A of the Constitution. According to the Bench, the statutory framework provided teachers with time to comply and did not introduce a new service condition.


Addressing concerns raised by States about the possible loss of a large number of teachers, the Court acknowledged the practical challenges but stressed that the interests of children must remain paramount.


“Service of teachers cannot come at the cost of educational future of the children,” the Bench observed.


Balancing educational standards with practical considerations, the Court extended the deadline for obtaining TET qualification by one year. Eligible in-service teachers must now secure the qualification by 31 August 2028, instead of 31 August 2027.


The Court further directed States and competent authorities to conduct TET examinations regularly, preferably twice a year, to provide teachers with sufficient opportunities to qualify. It clarified that no further extension of time would be granted and dismissed all review petitions with this limited modification.


Source: Live law


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