State seeks Centre’s intervention to exempt pre-2013 teachers from mandatory TET

Maharashtra will not challenge the Supreme Court ruling on mandatory TET for teachers, seeking an exemption for those hired before 2013 instead.

MUMBAI: The state government has decided against filing a review petition in the Supreme Court over its recent ruling making the Teacher Eligibility Test (TET) mandatory for all teachers in government, aided and unaided schools. Instead, the school education department has written to the National Council for Teacher Education (NCTE) and the Union Ministry of Education, urging an exemption for teachers appointed before 2013.

State seeks Centre’s intervention to exempt pre-2013 teachers from mandatory TET

Senior officials said the state is now relying on an amendment to the Right to Education (RTE) Act to resolve the issue, with the matter likely to be taken up in the upcoming parliamentary session. The Supreme Court’s judgement has created anxiety among nearly 1,50,000 serving teachers in Maharashtra, many of whom have more than two decades of experience and are close to retirement.

The RTE Act, implemented in 2009-10, mandates minimum qualification norms for teachers under section 23. However, the law does not explicitly state whether the TET requirement applies only to teachers appointed after the Act came into force. The ambiguity has triggered protests from teachers’ unions, who argue that applying the eligibility test retrospectively is impractical and unfair.

A senior state official said, “Several states and teacher unions have sought a review of the Supreme Court order, but the likelihood of a reversal is low. We have therefore approached the NCTE, which prescribes teacher qualification standards. A central amendment is the only durable solution.”

The state has formally requested the Centre to clarify that only teachers appointed after 2009, or from 2013, when Maharashtra notified its TET rules, should be required to clear the examination. “This issue affects teachers nationwide. If the Centre acts promptly, the December TET can be avoided. Otherwise, all in-service teachers will have to appear,” the official said.

Meanwhile, teacher organisations have announced statewide demonstrations. At its executive meeting in Borivali on Sunday, the Maharashtra Progressive Teachers’ Association declared a two-stage agitation on November 12 and 19.

Tanaji Kamble, the association’s president, said, “The government’s delay is an injustice. Teachers who have served the system for years must not be subjected to an exam at the end of their careers.”

Vijay Kombe, president of the Maharashtra Rajya Prathamik Shikshak Samiti, noted that the Supreme Court case originated from minority schools challenging mandatory TET. “The state pushing for a review now would contradict its earlier stand. Still, we expect a practical resolution,” he said.