Kerala government to challenge SC ruling on mandatory TET for in-service teachers
Kerala Education Minister V. Sivankutty on Monday announced that the state government will initiate legal action against the recent Supreme Court order making the Teachers’ Eligibility Test ( TET ) compulsory for all in-service teachers of Classes 1 to 8 in non-minority schools.
The Supreme Court, in its September 1, 2025, judgment, directed that teachers appointed before the enactment of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, must also clear the TET to continue in service and become eligible for promotions.
According to Minister Sivankutty, this ruling could impact nearly 50,000 teachers in Kerala. He stated, “The order will impact a majority of teachers, making promotions and appointments more complicated. Teachers’ associations have voiced concern, arguing that retrospective implementation of TET is unfair to long-serving educators.”
Legal steps and review petition
Sivankutty highlighted that since education is a subject under the Concurrent List of the Indian Constitution, central laws take precedence. The Kerala government has decided to approach the Supreme Court again, either through a review petition or by seeking clarity on the implementation of the order.
Implementation guidelines under the judgment
The ruling draws its basis from the Right of Children to Free and Compulsory Education Act, 2009, its 2017 amendment, and the 2010 National Council for Teacher Education (NCTE) notification, which sets uniform standards for teacher qualifications.
Nationwide impact
While acknowledging that the judgment may appear strict on teachers who have served for decades, the apex court emphasized that enforcing minimum qualifications is necessary to ensure quality education. Minister Sivankutty added, “The judgment will have sweeping implications nationwide, affecting lakhs of teachers in government, aided, and private schools.”
Kerala’s historical context and criticism of previous governments
Sivankutty also noted that whenever teacher qualifications were revised in Kerala, such as for primary and language teachers, existing staff were safeguarded. He criticised both the Congress-led United Progressive Alliance (UPA) and the Bharatiya Janata Party-led National Democratic Alliance (NDA) governments for failing to provide similar protections when implementing TET requirements.
(with IANS inputs)
The Supreme Court, in its September 1, 2025, judgment, directed that teachers appointed before the enactment of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, must also clear the TET to continue in service and become eligible for promotions.
According to Minister Sivankutty, this ruling could impact nearly 50,000 teachers in Kerala. He stated, “The order will impact a majority of teachers, making promotions and appointments more complicated. Teachers’ associations have voiced concern, arguing that retrospective implementation of TET is unfair to long-serving educators.”
Legal steps and review petition
Sivankutty highlighted that since education is a subject under the Concurrent List of the Indian Constitution, central laws take precedence. The Kerala government has decided to approach the Supreme Court again, either through a review petition or by seeking clarity on the implementation of the order.
Implementation guidelines under the judgment
- Teachers with less than five years of service remaining may continue until retirement but will not be eligible for promotions without clearing the TET.
- Teachers with more than five years of service must pass the TET within two years. Failure to comply will result in compulsory retirement, though terminal benefits will be provided.
The ruling draws its basis from the Right of Children to Free and Compulsory Education Act, 2009, its 2017 amendment, and the 2010 National Council for Teacher Education (NCTE) notification, which sets uniform standards for teacher qualifications.
Nationwide impact
While acknowledging that the judgment may appear strict on teachers who have served for decades, the apex court emphasized that enforcing minimum qualifications is necessary to ensure quality education. Minister Sivankutty added, “The judgment will have sweeping implications nationwide, affecting lakhs of teachers in government, aided, and private schools.”
Kerala’s historical context and criticism of previous governments
Sivankutty also noted that whenever teacher qualifications were revised in Kerala, such as for primary and language teachers, existing staff were safeguarded. He criticised both the Congress-led United Progressive Alliance (UPA) and the Bharatiya Janata Party-led National Democratic Alliance (NDA) governments for failing to provide similar protections when implementing TET requirements.
(with IANS inputs)
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