Teacher TET Mandatory: The Impact of the RTE 2017 Amendment and the Way Forward for Teachers

Teacher TET Mandatory: In a recent landmark judgment, the Supreme Court has made the Teacher Eligibility Test (TET) mandatory for all in-service teachers. This verdict has sparked widespread discussion and concern within the teaching community. A particular point of contention is a 2017 amendment to the Right to Education (RTE) Act, 2009. In this blog post, we will delve into the core aspects of this amendment, the implications of the Supreme Court’s ruling, and the potential paths forward for teachers.

The Crux of the Controversy: The RTE Act 2017 Amendment

On October 17, 2017, the Central Government introduced a significant amendment to the rules of the Right to Education Act. The key points of this amendment were:

• Deadline for Acquiring Qualifications: All teachers appointed before April 1, 2015, who did not possess the minimum educational qualifications (including TET), were given a four-year window to acquire them. This meant they were expected to pass the TET exam by April 1, 2019.
• Retrospective Effect: The law was implemented with a retrospective effect from April 1, 2015. However, it included a crucial clause stating that the “interest of no person shall be adversely affected.” This was interpreted to mean that the implementation of the rule would not negatively impact any individual’s employment status at the time.

However, this amendment was not widely publicized or enforced at the time. Neither the central nor state governments actively pushed for its implementation, and as a result, the issue remained largely out of the public and professional discourse.

The Supreme Court’s Verdict and Its Impact

The Supreme Court has now used this very amendment as the basis for its recent judgment. The court has ruled that since the teachers did not acquire the necessary qualifications within the stipulated timeframe, they will be given one more opportunity.

• New Deadline: All currently employed teachers must pass the TET examination within a two-year period starting from September 1, 2025. The final deadline is September 1, 2027.
• Job Security in Question: While the original amendment assured that no person’s interest would be adversely affected, this primarily protected teachers from immediate termination for not having the qualification in the past. It does not guarantee job security if they fail to meet the new deadline. The failure to acquire the qualification within this new timeframe could lead to job uncertainty.

What is the Way Forward for Teachers?

In this challenging situation, teachers have a few potential courses of action:

• Intervention by the Central Government: Since the law was enacted by the Central Government, it is the only body that can amend it. If the government introduces a new amendment exempting prior-appointed teachers from this rule, it could provide a definitive solution.
• Effectiveness of a Review Petition: Many are considering filing a review petition. The government of Uttar Pradesh has already filed one. However, legal experts believe that the chances of success in a review petition are slim without the presentation of new and compelling evidence.
• Acquiring the Qualification: The most practical and secure path is to comply with the court’s directive and pass the TET examination within the given deadline.

There is no doubt that this ruling will have a significant impact on the lives of millions of teachers across the country. The coming months will be crucial in determining the steps that the government and teacher organizations take to address this issue.