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The Supreme Court connected Wednesday (May 13, 2026) asked teachers not to beryllium “self-centered” and deliberation lone astir their occupation security, but spare a thought for children successful request of prime education, a close protected nether the Constitution and the Right to Education Act.
The court’s oral observations came portion proceeding a bid of petitions filed by States of Madhya Pradesh and Uttar Pradesh and teachers’ associations from West Bengal and Kerala, seeking a reappraisal of a September 2025 judgement requiring in-service teachers of classes 1 to 8 successful non-minority schools crossed the state to wide the Teachers’ Eligibility Test (TET) successful 2 years oregon beryllium “compulsorily retired”.
Tamil Nadu had argued that the judgement affected astir 4 lakh teachers successful the State alone. If implemented connected the ground, the State would person to carnivore witnesser to “classrooms without teachers”, it had contended.
“The Right of Children to Free and Compulsory Education Act [Right to Education Act. 2009] exists for the children. Do not beryllium self-centered to accidental ‘I volition lone get orders from the tribunal protecting my information of tenure, but volition not deliberation astir the children',” Justice Dipankar Datta, heading a Bench comprising Justice Manmohan, addressed the reappraisal petitioners.
Justice Datta referred to Section 23(2) of the 2009 Act, which gave teachers 5 years’ clip to get the “mandatory” qualification of TET successful cases of shortage of trained teachers and the inadequacy of teacher acquisition institutions.
The justice drew attraction to the 2nd proviso to Section 23(2) which was inserted successful an amendment to the Act successful 2017. It gave a further leeway by allowing teachers appointed oregon successful presumption arsenic of March 31, 2015, and who did not person the required minimum world qualifications, to get them wrong 4 years.
Retrospective application
Additional Solicitor General Vikramjit Banerjee for Uttar Pradesh, elder advocates A.M. Singhvi, Rakesh Dwivedi for Madhya Pradesh and different advocates, including Tomy Chacko for Deseeya Adhyapaka Parishad (NTU Kerala), said the retrospective exertion of TET request violated the rights of experienced teachers who were already successful work for decades, and performing good successful their jobs.
Justice Manmohan said the tribunal had simply reinforced the statutory request of a minimum qualification, which was TET clearance, for teachers.
“Higher acquisition qualifications are sought to get amended teachers. Unless a kid gets a bully prime education, however volition she improve?” Justice Manmohan asked the petitioners.
The tribunal reserved the reappraisal pleas for judgment.
The lawsuit touches connected the livelihood of implicit 25 lakh teachers. The September 2025 judgement had reasoned that the Right to Education (RTE) Act of 2009, which was implemented from 2010, required teachers to wide TET. The Bench, however, had exempted teachers with little than 5 years to status from taking the TET.
