Case Note & Summary
The Supreme Court was tasked with considering a batch of review petitions against its earlier judgment in Anjuman Ishaat-e-Taleem Trust v. State of Maharashtra, which interpreted the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act). The petitioners, including various States, teachers' associations, and individual teachers, were not aggrieved by the entirety of the judgment but only by the part that required in-service teachers recruited prior to the enactment of the RTE Act and having more than 5 years to retirement to qualify the Teacher Eligibility Test (TET) within 2 years from 1st September 2025. The Court noted that the review petitions raised multiple grounds, claiming that the order under review caused immense injustice. In the interest of justice, the Court directed the review petitions to be placed for open court hearing. Upon hearing, the Court found that the direction required modification to exempt teachers with less than 5 years to retirement from the TET requirement, as compelling them to qualify the test would be impractical and cause undue hardship. The Court thus modified the earlier order accordingly, while upholding the requirement for teachers with more than 5 years to retirement.
Headnote
A) Constitutional Law - Right to Education - Teacher Eligibility Test (TET) - Section 23(2) of the Right of Children to Free and Compulsory Education Act, 2009 - The Court considered whether in-service teachers recruited prior to the enactment of the RTE Act and having more than 5 years to retirement must qualify the TET. Held that such teachers are required to qualify the TET within 2 years from 1st September 2025, but teachers with less than 5 years to retirement are exempted. (Paras 1-3) B) Review Jurisdiction - Error Apparent on Face of Record - The Court examined whether the original judgment suffered from an error apparent on the face of record in directing all in-service teachers with more than 5 years to retirement to qualify TET. Held that the direction was not an error but required modification to exempt teachers with less than 5 years to retirement to avoid hardship. (Paras 1-3)
Issue of Consideration
Whether the direction in the original judgment requiring in-service teachers recruited prior to the RTE Act and having more than 5 years to retirement to qualify the TET within 2 years suffers from an error apparent on the face of the record and requires modification.
Final Decision
The Supreme Court modified the earlier direction to exempt in-service teachers with less than 5 years to retirement from the requirement to qualify the Teacher Eligibility Test, while upholding the requirement for those with more than 5 years to retirement to qualify within 2 years from 1st September 2025.
Law Points
- Teacher Eligibility Test (TET) requirement under RTE Act
- 2009 applies to in-service teachers recruited prior to enactment with more than 5 years to retirement
- but not to those with less than 5 years to retirement
- review of judgment on error apparent on face of record
- interpretation of Section 23(2) of RTE Act
