The Tamil Nadu Government has moved the Supreme Court, filing a review petition against the ruling that enforces TET qualification for all teachers, challenging the Court’s interpretation of the same in Anjuman Ishaat E Taleem Trust vs The State Of Maharashtra on 1 September 2025.
The Pramati Educational and Cultural Trust ruling, which exempts minority schools from the RTE Act, raised questions about its validity, according to ta bench of Justices Dipankar Dutta and Manmohan. The Court instructed the Chief Justice to take into account a wider Bench after noting earlier referrals and open issues regarding minority rights under Articles 29(2) and 30(1). Although it is normally forbidden to create new grounds, the Court acknowledged that Tamil Nadu had brought up the TET issue for the first time and that it concerned minority institutions. According to the Court, all schools—aside from those run by minority groups—must abide by the RTE Act, which includes requiring in-service teachers to complete the TET.
Teachers with less than five years until retirement are exempted from TET, while others must qualify within two years to continue. Promotions and new appointments remain conditional on TET qualification, ensuring compliance with statutory requirements while acknowledging practical challenges.
The review petition argues that the proviso to Section 23(2), which allows non-qualified teachers five years to obtain the required credentials, applies solely to appointments made during the relaxation period and not to teachers recruited before 2010. Applying it retroactively, the plea asserts, would unjustly disqualify thousands of educators, undermining legislative intent and established service law principles.
The Court observed that Article 30(1) rights of minority institutions are not absolute and must be harmonized with Article 21A, which guarantees children’s right to quality education. While minorities can establish and run schools preserving cultural and linguistic identity, they cannot claim immunity from regulations like the RTE Act. Compliance with teacher qualifications, infrastructure standards, and inclusive admission policies is essential to fulfill the constitutional mandate of elementary education. The Court emphasized that quality of teachers is central to meaningful education, citing prior judgments on rigorous training and standards.
TET qualification is therefore a mandatory requirement, even for in-service teachers, to maintain uniform educational standards. Minority schools retain autonomy but must participate in the shared constitutional responsibility of delivering education. Blanket exemptions undermining children’s right to quality education, as granted in Pramati Educational and Cultural Trust, were found constitutionally untenable.
