Teachers Who Cleared TET Within Extended Time Under RTE Act Can’t BeTerminate
Supreme Court || New Delhi | November 2025
The Court held that teachers appointed under relaxations granted by State
Governments cannot later be removed solely for having cleared the Teacher Eligibility Test after their initial appointment.
In a significant ruling affecting thousands of school teachers across the country, the Supreme Court has held that teachers who were allowed to join service under the relaxation provisions of the Right to Education Act (RTE) and who subsequently cleared the Teacher Eligibility Test (TET) within the extended time period, cannot be terminated on the ground that they did not possess the qualification at the time of their initial appointment.
The decision came in a series of petitions filed by teachers from various states who were appointed in government and grant-in-aid schools during a period when the Central Government, in consultation with State Governments, had temporarily relaxed the TET requirement due to shortage of eligible teachers. Many states had permitted appointments on the condition that the candidates would pass the TET within a fixed extension window.
A bench of the Supreme Court observed that the objective of the RTE Act, 2009, and the National Council for Teacher Education (NCTE) guidelines is to ensure availability of qualified teachers, but the law never intended to penalize teachers who had complied with the relaxation conditions made by the authorities themselves. The Court highlighted that the relaxation period was granted due to administrative and practical necessity, and those who fulfilled the requirement within the allowed timeframe are “legally valid appointees.” The Court stated:
“When the State itself extended time for acquiring the qualification and the teachers obtained the TET certificate within that extended period, their appointments attain full validity. Terminating them now would be arbitrary and contrary to the principles of fairness.”
The ruling emphasized that such teachers have served schools for years, contributing to the education of children, and removing them at this stage would not only jeopardize their livelihood but also disrupt the functioning of schools, particularly in rural and underserved regions where teacher availability is already a challenge.
Background of the Case
Under Section 23(2) of the RTE Act, the Government is empowered to relax minimum educational qualifications for a limited time period in cases where adequate numbers of qualified teachers are not available. During the period soon after the introduction of TET, several states had exercised this provision to fill vacancies.
However, years later, internal audits and court petitions led to disputes over whether those teachers were technically “qualified” on the date of appointment. Some states issued termination notices, leading affected teachers to approach High Courts and eventually the Supreme Court.
Impact of the Judgment
The ruling brings major relief to teachers working in primary and upper primary schools in states such as Rajasthan, Uttar Pradesh, Madhya Pradesh, Bihar, and Haryana, where extended-time appointments were widely made.
Legal experts say the judgment reinforces stability in public education systems. “The Court has clarified that administrative relaxations are valid and binding. Teachers cannot be punished for the State’s own policy decisions,” said a senior education law scholar.
This decision also means that any pending departmental actions, termination orders, or showcause notices issued solely for not having TET at the time of joining now stand invalid, provided the teacher cleared TET within the extension period.
What It Means Going Forward
The Supreme Court has directed state governments to:
- Withdraw termination notices issued on this ground.
- Restore the service benefits of affected teachers.
- Ensure no further punitive action is taken on the same issue.
The judgment strengthens the job security of thousands of teachers and ensures continuity in classroom teaching, particularly in public schools which already face teacher shortages.