Riyaz Bhat
Srinagar, Feb 24: The Department of Law, Justice and Parliamentary Affairs, UT of J&K has advised the School Education Department that the in-service teachers with more than five years of service left must have to clear the Teacher Eligibility Test (TET) within two years failing which they may face to quit their service or shall be liable for a compulsorily retirement.
The department has however clarified that the in-service teachers who have less than five years’ service left, as on date, may continue in service till they attain the age of superannuation without qualifying the TET.
“However, we make it clear that if any such teacher having less than five years’ service left aspires for promotion, he will not be considered eligible without he/she having qualified the TET,” it reads.
Secretary to School Education Department (SED) has said that in exercise of the powers vested in the Government and in compliance with the directions of the Supreme Court of India, JKBOSE, State School Standards Authority (SSSA) is designated as Nodal Agency for conducting TET for the Union Territory of Jammu & Kashmir, with immediate effect.
“The JKBOSE, SSSA shall take immediate necessary steps for operationalization of the TET examination framework in accordance with the Action Plan formulated in the meeting held in October-2025,” it reads.
SED has also said that JKBOSE shall develop and notify a detailed schedule for conduct of TET.
“The board shall coordinate with NIC, School Education Department, Higher Education Department, Home Department, and other concerned authorities for logistical, technical and security arrangements,” it reads.
IT also said that the board shall ensure alignment of syllabus and examination standards with the guidelines of the National Council for Teacher Education (NCTE), with suitable contextual modifications.
“The secretary, J&K BOSE/SSSA shall furnish a comprehensive action plan including timelines and preparatory status, to the School Education Department within the shortest possible time,” reads the order.
Meanwhile, SED in the order while referring the returned and the findings with advice that was sought from the Department of Law, Justice and Parliamentary Affairs, UT of J&K said that if any of such teachers fail to qualify the TET within the time that we have allowed, they shall have to quit service. They may be compulsorily retired; and paid whatever terminal benefits they are entitled to.
In a query whether TET qualifications are mandatory for teachers in both government and private schools, including those registered and unregistered, the department had responded with, “If we are to accept the contention of the in-service teachers, the above said proviso would be rendered nugatory obtaining the TET qualification under the RTE Act is mandatory and the consequence of non-obtaining such qualification flowing from the scheme of the RTE Act is that the in-service teachers would cease to have any right to continue in service.”
“Reference may also be made to letter dated 3rd August, 2017 (discussed in Paragraph 69 above) issued by the MHRD which provided a deadline beyond which the in-service teachers, having not qualified the TET, would not be permitted to continue in service,” it reads
It also said, “As such in view of the above, the TET qualifications are mandatory for teachers in both government and private schools, including registered schools. Apposite to mention that the School Education Department requires to proceed against the unregistered institutions in accordance with law.”
In another query as to whether existing teachers need to qualify TET to continue in service or seek promotions, except for those with less than 5 years of service left before retirement, the department has responded that those teachers who have less than five years’ service left, as on date, may continue in service till they attain the age of superannuation without qualifying the TET.
“The Supreme Court in Paras 216 to 218 of the judgment has inter-alia held that Bearing in mind their predicament, we invoke our powers under Article 142 of the Constitution of India and direct that those teachers who have less than five years’ service left, as on date, may continue in service till they attain the age of superannuation without qualifying the TET,” it reads.
“However, we make it clear that if any such teacher having less than five years’ service left) aspires for promotion, he will not be considered eligible without he/she having qualified the TET,” it reads.
“Insofar as in-service teachers recruited prior to enactment of the RTE Act and having more than 5 years to retire on superannuation are concerned, they shall be under an obligation to qualify the TET within 2 years from date in order to continue in service. If any of such teachers fail to qualify the TET within the time that we have allowed, they shall have to quit service. They may be compulsorily retired; and paid whatever terminal benefits they are entitled to,” reads the opinion/advise of the department.
It also said, “We add a rider that to qualify for the terminal benefits, such teachers must have put in the qualifying period of service, in accordance with the rules. If any teacher has not put in the qualifying service and there is some deficiency, his/her case may he considered.
“Subject to what we have said above, it is reiterated that those aspiring for appointment and those in-service teachers aspiring for appointment by promotion must, however, qualify the TET; or else, they would have no right of consideration of their candidature,” it reads.
The Department of Law, Justice and Parliamentary Affairs, UT of J&K has further said that the existing teachers need to qualify TET. The Supreme Court while exercising the powers under Art. 142 of the Constitution of India has carved an exception with regard to the in-service teachers who have less than 5 years of service left as provided in para 216 of the judgment as submitted above.
In another query as to whether the TET requirement is retrospectively applicable to teachers appointed before and after the introduction of TET in 2010.
The department has said that in this regard, it is stated that requirement of TET is applicable from the date it was introduced to all teachers as per the scheme of RTE Act, and all those in-service teachers except those having less than 5 years left are required to qualify TET even if appointed before the enactment of RTE Act.
