Historic Verdict in TET Case! Supreme Court Orders Reinstatement of Terminated Teachers

TET Case: In a significant ruling concerning the Teacher Eligibility Test (TET) qualification for teacher recruitment, the Supreme Court of India has delivered a landmark judgment. A bench headed by the Chief Justice observed that a previous ruling by the Allahabad High Court was erroneous. This verdict paves the way for the reinstatement of two teachers from Uttar Pradesh who had been terminated from their services for a long time. This observation by the Supreme Court is expected to serve as a guiding principle for similar cases in the future.

The case was heard on October 31, 2025, by a bench comprising Chief Justice B.R. Gavai and Justice K. Vinod Chandran. The appeal was filed against a May 1, 2024 judgment by a division bench of the Allahabad High Court.

Background of the Case

The case pertains to the recruitment of assistant teachers in Uttar Pradesh. These teachers had applied based on an advertisement published on July 3, 2011, with the application deadline being July 16, 2011. After a successful selection process, they received their appointment letters on March 13, 2012, and joined their posts on March 17, 2012.

However, the issue arose concerning their TET qualifications. At the time of their appointment, they did not possess the TET pass certificate. Subsequently, one of them cleared the TET exam on November 25, 2011, and the other on May 24, 2014.

They were terminated from service on July 12, 2018. The reason cited for termination was their lack of the minimum required qualification, i.e., a TET pass certificate, at the time of their appointment.

The Legal Tussle and the High Court’s Ruling

The core of this case revolved around Section 23(2) of the Right to Education (RTE) Act, 2009. According to this section, all unqualified teachers appointed before March 31, 2015, were given a deadline until March 31, 2019, to acquire the necessary minimum qualifications.

The terminated teachers argued that they had already passed the TET exam before their termination in July 2018 and, as per the law, they had time until 2019 to do so. However, both the single bench and the division bench of the Allahabad High Court overlooked this argument and upheld the termination order. The High Court opined that possessing the TET qualification was mandatory at the time of appointment itself.

The Supreme Court’s Landmark Observation

The Chief Justice’s bench observed that the Allahabad High Court’s ruling was flawed. The Supreme Court clarified that both the single and division benches of the High Court had erred in their interpretation of the RTE Act’s provision.

Key highlights of the Supreme Court’s verdict:

• Termination Order Quashed: The apex court has set aside the termination order dated July 12, 2018.
• High Court Judgments Set Aside: The judgments delivered by the single and division benches of the Allahabad High Court have also been set aside.
• Order for Reinstatement: The court has directed the authorities to immediately reinstate the teachers at the J.P. Junior High School in Kanpur Nagar.
• Full Benefits Granted: Along with reinstatement, the court has ordered that they be given all consequential benefits, including continuity of service, seniority, and other related perks.

This judgment establishes that if a specific deadline is provided by law to acquire a qualification, an employee cannot be terminated if they achieve that qualification within the stipulated timeframe. This observation from the Supreme Court brings a ray of hope for many teachers across the country facing similar issues.