Case Note & Summary
The case involves a Writ Appeal filed by the Director of Elementary Education and other educational authorities against an order dated 07.09.2023 passed by a single judge in W.P.No.5484 of 2021, which approved the appointment of the first respondent, Josephine Sinthiya, as a teacher in RCM High School, a minority institution. The appellants contended that the teacher did not possess the mandatory Teachers Eligibility Test (TET) qualification. The High Court noted that the Supreme Court has held TET to be mandatory for all teaching staff and that any discrimination in educational qualification among teachers is unconstitutional. However, the issue of whether TET is mandatory for minority institutions has been referred to a Constitution Bench by the Supreme Court and is subjudice. In the case of Anjuman Ishaat-E-Taleem Trust vs. The State of Maharashtra & others (2025 INSC 1063), the Supreme Court declared TET as mandatory and any discrepancy in prescription of qualification amongst minority and non-minority institutions as unconstitutional. The High Court observed that in the prevailing circumstances, it would be improper to grant approval of appointment to teachers without TET, but if any such approval is granted in respect of teachers serving in minority institutions, it would be subject to the final outcome of the reference. The court dismissed the writ appeal, upholding the single judge's order but clarifying that the approval is subject to the final decision of the Constitution Bench.
Headnote
A) Education Law - Teachers Eligibility Test (TET) - Mandatory Qualification - Right to Education Act, 2009, Section 23 - The Supreme Court has held that TET is mandatory for appointment of all teaching staff and there cannot be any discrimination in educational qualification among teachers. The issue of TET requirement for minority institutions is subjudice before the Constitution Bench. (Paras 2-3) B) Education Law - Minority Institutions - Appointment Approval - Right to Education Act, 2009, Section 23 - In the case of Anjuman Ishaat-E-Taleem Trust vs. The State of Maharashtra & others, 2025 INSC 1063, the Supreme Court held TET qualification as mandatory and any discrepancy in prescription of qualification amongst minority and non-minority institutions as unconstitutional. The High Court held that approval of appointment of teachers without TET in minority institutions is subject to final outcome of the reference. (Paras 3-4)
Issue of Consideration
Whether approval of appointment of a teacher in a minority institution who does not possess TET qualification can be granted pending the reference to the Constitution Bench by the Supreme Court.
Final Decision
The Writ Appeal is dismissed. The order dated 07.09.2023 in WP No.5484 of 2021 is upheld, but the approval of appointment is subject to the final outcome of the reference made by the Supreme Court to the Constitution Bench regarding TET requirement for minority institutions.
Law Points
- Teachers Eligibility Test (TET) is mandatory for appointment of teaching staff
- discrimination in educational qualification among teachers is unconstitutional
- issue of TET requirement for minority institutions is subjudice before Constitution Bench
- approval of appointment without TET in minority institutions is subject to final outcome of reference
