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

Synopsis
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.