LexANJUMAN ISHAAT-E-TALEEM TRUST versus THE STATE OF MAHARASHTRA AND OTHERS
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2025] 9 S.C.R. 410 : 2025 INSC 1063 Anjuman Ishaat-E-Taleem Trust v. The State of Maharashtra and Others (Civil Appeal No. 1385 of 2025) 01 September 2025 [Dipankar Dutta* and Manmohan, JJ.] Issue for Consideration 1) Whether the State can insist that a teacher seeking appointment in a minority educational institution must qualify the Teacher Eligibility Test (TET); If so, whether providing such a qualification would affect any of the rights of the minority institutions guaranteed under the Constitution of India; and 2) Whether teachers appointed much prior to issuance of Notification dated 29th July, 2011 by the National Council for Teacher Education (NCTE) u/s.23(1) of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) read with the newly inserted proviso (second proviso) in s.23(2) and having years of teaching experience (25 to 30 years) are required to qualify in the TET for being considered eligible for promotion. Headnotes† Right of Children to Free and Compulsory Education Act, 2009 – s.23 – Teacher Eligibility Test (TET) – Whether mandatory: Held: Obtaining the TET qualification under the RTE Act is mandatory – Consequence of not obtaining such qualification flowing from the scheme of the RTE Act is that the in-service teachers would cease to have any right to continue in service. [Para 200] Right of Children to Free and Compulsory Education Act, 2009 – s.2(n) – Applicability of Teacher Eligibility Test (TET) to In-Service Teachers – Directions issued under Article 142 of the Constitution: Held: The provisions of the RTE Act have to be complied with by all schools as defined in Section 2(n) of the RTE Act except the schools established and administered by the minority – Whether religious or linguistic – Till such time the reference is decided and subject to the answers to the questions formulated by this Court – Logically, in-service teachers (irrespective of the length of their * Author [2025] 9 S.C.R. 411 Anjuman Ishaat- E- Taleem Trust v. The State of Maharashtra and Others service) would also be required to qualify the TET to continue in service – However, there are in-service teachers who were recruited much prior to the advent of the RTE Act and have been imparting education to their students to the best of their ability without any serious complaint – To dislodge such teachers from service on the ground that they have not qualified the TET would seem to be a bit harsh although operation of a statute can never be seen as an evil – Bearing in mind their predicament, directions issued by invoking Art.142 of the Constitution that teachers having less than five years’ service left, as on date, may continue in service till they attain the age of superannuation without qualifying the TET – However, if any such teacher (having less than five years’ service left) aspires for promotion, he will not be considered eligible without having qualified 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 that time, they shall have to quit service – They may be compulsorily retired; and paid whatever terminal benefits they are entitled to – To qualify for the terminal benefits, such teachers must have put in the qualifying period of service, in accordance with the rules – If any teacher has not put in the qualifying service and there is some deficiency, his/her case may be considered by the appropriate department in the Government upon a representation being made by him/her – Those aspiring for appointment and those in-service teachers aspiring for appointment by promotion must, however, qualify the TET; or else, they would have no right of consideration of their candidature. [Paras 214-217] Constitution of India – Article 30 – Right of Children to Free and Compulsory Education Act, 2009 – s.12(1)(c) – Constitution Bench decision in Pramati Educational and Cultural Trust, exempting minority educational institutions, whether aided or unaided, falling under clause (1) of Article 30 of the Constitution, from purview of entirety of the RTE Act – Correctness of – Doubted: Held: 1. In the wake of Pramati Educational and Cultural Trust, minority status seems to have become
Excerpt shown. Read the full judgment & AI analysis in Lexace.