Kerala To Challenge SC Order Making TET Mandatory For In-Service Teachers
The apex court's September 1 order stipulates that even teachers appointed before the Right to Education (RTE) Act came into force in 2009 must clear TET to continue in service and qualify for promotions. According to Sivankutty, the ruling could adversely affect nearly 50,000 teachers in Kerala.
“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,” said Sivankutty.
“Since education is a subject in the Concurrent List, 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,” added Sivankutty.
He went on to point out that, as per the judgment delivered on September 1, teachers with less than five years of service remaining may continue until retirement, but will not be eligible for promotions without passing the TET. Those with more than five years left must clear the exam within two years. Failure to do so will result in compulsory retirement with terminal benefits.
The ruling is based on the RTE Act, its 2017 amendment, and the 2010 NCTE notification that set uniform standards for teacher qualifications.
The apex court observed that while the decision may seem harsh on teachers who have been serving for decades, enforcing minimum standards is essential to ensure quality education.
“The judgment will have sweeping implications nationwide, affecting lakhs of teachers in government, aided, and private schools,” added Sivankutty.
Sivankutty also pointed out that whenever teacher qualifications were revised in Kerala, such as for primary and language teachers, existing staff were protected.
He also criticised both the Congress-led UPA and the BJP-led NDA governments for failing to provide similar safeguards when bringing in TET requirements.

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