Summary
| Category | Data |
|---|---|
| Court | Supreme Court of India |
| Case Number | C.A. No.-013113-013113 – 2025 |
| Diary Number | 39329/2024 |
| Judge Name | HON’BLE THE CHIEF JUSTICE |
| Bench |
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| Precedent Value | Binding authority |
| Overrules / Affirms | Overrules the Division Bench and Single Judge judgments of the Allahabad High Court |
| Type of Law | Statutory interpretation (Right of Children to Free and Compulsory Education Act, 2009) |
| Questions of Law | Whether teachers appointed before 31 March 2015 must possess TET at appointment or may comply by 31 March 2019 under the second proviso to Section 23(2) of the RTE Act. |
| Ratio Decidendi | The 2017 amendment inserted a second proviso to Section 23(2) RTE Act granting teachers in position on 31 March 2015 four years to acquire minimum qualifications, including TET. Since the appellants passed TET by 24 March 2014, they satisfied the statutory deadline. Termination for non-possession of the TET certificate at the time of appointment was therefore unsustainable. The High Court’s refusal to interfere was erroneous as the appellants had complied within the extended timeline. |
| Logic / Jurisprudence / Authorities Relied Upon by Court | Statutory scheme of Section 23 RTE Act and its 2017 amendment; absence of any other ground for termination in the BSA order. |
| Facts as Summarised by the Court |
|
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts |
| Persuasive For | Other High Courts |
| Overrules | High Court of Judicature at Allahabad judgments dated 12 March 2024 and 1 May 2024 |
What’s New / What Lawyers Should Note
- The four-year compliance window under the second proviso to Section 23(2) RTE Act operates irrespective of whether TET was held at appointment.
- Teachers in position as on 31 March 2015 who clear TET by 31 March 2019 cannot be lawfully terminated for lacking the certificate at appointment.
- Termination orders based solely on non-possession of TET at appointment, despite later compliance, are unsustainable.
- Reinstatement orders may grant continuity of service and consequential benefits without back-wages.
Summary of Legal Reasoning
- Section 23(1) RTE Act and 2010 NCTE notification mandated TET as minimum qualification.
- The 2017 amendment added a second proviso to Section 23(2), allowing existing teachers until 31 March 2019 to acquire qualifications.
- Appellants joined in 2012 and cleared TET by March 2014, well before the statutory deadline.
- The BSA order of 12 July 2018 relied solely on non-possession at appointment; no other infirmity was shown.
- High Court’s refusal to quash termination ignored the extended timeline, warranting interference.
- Appeal allowed: High Court orders and termination set aside; appellants to be reinstated with service continuity.
Arguments by the Parties
Petitioner
- They passed TET in November 2011 and May 2014.
- The 2017 amendment granted unqualified teachers till 31 March 2019 to acquire TET.
- Termination for not holding TET at appointment despite later compliance is arbitrary and unlawful.
Respondent
- Statutory mandate required possession of TET at the time of appointment.
- Conceded appellants subsequently obtained TET by 2014; no other grounds for termination were presented.
Factual Background
- NCTE’s 23 August 2010 notification under Section 23 RTE Act introduced TET qualification for Class I–VIII teachers.
- Appellants applied in July 2011 and were appointed Assistant Teachers at JPT Junior High School in March 2012.
- The first TET in Uttar Pradesh was conducted on 13 November 2011; appellants cleared in November 2011 and May 2014.
- The RTE Act was amended on 9 August 2017 to allow teachers in service on 31 March 2015 until 31 March 2019 to obtain qualifications.
- On 12 July 2018, services were terminated solely for non-possession of TET at appointment, prompting the writ petition.
Statutory Analysis
- Section 23(1) RTE Act empowers NCTE to prescribe minimum teacher qualifications.
- The 2010 notification made passage of TET compulsory.
- The 2017 amendment inserted a second proviso to Section 23(2), granting teachers appointed/in-position as on 31 March 2015 a four-year grace period (till 31 March 2019) to acquire qualifications.
Alert Indicators
- ✔ Precedent Followed – Affirms the statutory compliance window created by the 2017 amendment