Is Kerala Ready to Challenge the SC Order Making TET Mandatory for In-Service Teachers?

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Is Kerala Ready to Challenge the SC Order Making TET Mandatory for In-Service Teachers?

Synopsis

Kerala is set to legally confront a Supreme Court ruling that enforces the Teachers’ Eligibility Test for in-service educators, impacting thousands. Education Minister V. Sivankutty raises concerns over its fairness, stating it complicates promotions and appointments, particularly for long-serving teachers. What will be the outcome of this legal battle?

Key Takeaways

  • Kerala government plans legal action against the SC ruling.
  • 50,000 teachers may face promotion complications due to TET.
  • Retrospective implementation of TET is seen as unfair.
  • Teachers with less than five years until retirement can continue but need TET.
  • Legal implications could affect teachers nationwide.

Thiruvananthapuram, Sep 8 (NationPress) The Kerala Education Minister, V. Sivankutty, announced on Monday that the state government will pursue legal action against the recent Supreme Court ruling that mandates the Teachers’ Eligibility Test (TET) for all in-service teachers of Classes 1 to 8 in non-minority schools.

The Supreme Court's order from September 1 stipulates that even those educators who were appointed before the Right to Education (RTE) Act went into effect in 2009 must pass the TET to remain in their roles and be eligible for promotions. Minister Sivankutty highlighted that this ruling could negatively impact approximately 50,000 teachers in Kerala.

“This order will complicate promotions and appointments for a significant number of teachers. Various teachers’ associations have expressed their concerns, contending that the retrospective enforcement of the TET is unjust to those who have dedicated many years to education,” said Sivankutty.

“Given that education is under the Concurrent List, central laws take precedence. Therefore, the Kerala government has resolved to approach the Supreme Court again, either by filing a review petition or seeking clarification on the order's implementation,” he added.

Sivankutty further noted that according to the ruling from September 1, teachers with fewer than five years left until retirement may continue their service but will not qualify for promotions without passing the TET. Those with more than five years remaining must successfully complete the exam within two years; otherwise, they face mandatory retirement with terminal benefits.

This ruling is grounded in the RTE Act, its 2017 amendment, and the 2010 NCTE notification that established uniform standards for teacher qualifications.

The Supreme Court remarked that while this decision may appear severe for long-serving teachers, it is crucial to enforce minimum standards to guarantee quality education.

“This judgment will have significant implications nationwide, impacting lakhs of teachers across government, aided, and private schools,” added Sivankutty.

He also emphasized that whenever teacher qualifications were updated in Kerala, such as for primary and language educators, existing staff were safeguarded.

Moreover, he criticized both the Congress-led UPA and the BJP-led NDA governments for not providing similar protections when instituting TET requirements.

Point of View

I believe this situation underscores the delicate balance between maintaining educational standards and ensuring fairness for educators who have dedicated their careers to teaching. The Kerala government's decision to challenge the Supreme Court ruling reflects the need for a thorough examination of the implications on thousands of educators. We must advocate for both quality education and the rights of those who provide it.
NationPress
08/09/2025

Frequently Asked Questions

What is the Supreme Court ruling about TET?
The Supreme Court ruling mandates that all in-service teachers of Classes 1 to 8 in non-minority schools must pass the Teachers’ Eligibility Test to continue working and qualify for promotions.
How many teachers in Kerala could be affected?
Approximately 50,000 teachers in Kerala may be adversely affected by this ruling.
What legal steps is the Kerala government taking?
The Kerala government plans to challenge the ruling through a review petition or by seeking clarification on its implementation.
What are the implications of the ruling for teachers?
Teachers with less than five years until retirement can continue working but must pass the TET to qualify for promotions, while those with more than five years must pass within two years or face mandatory retirement.
What standards does the ruling enforce?
The ruling is based on the Right to Education Act, its amendments, and the NCTE notification that established uniform qualification standards for teachers.