Pre-2017 teachers demand exemption from TET requirement:Urge Centre to protect jobs before Supreme Court delivers final verdict on petitions

With the Supreme Court yet to deliver its verdict on the review petition challenging the Teacher Eligibility Test (TET) requirement, teacher organisations in Madhya Pradesh have renewed demands for relief to teachers appointed before the Right to Education (RTE) Amendment Rules, 2017. Following the hearing held in the Supreme Court on May 13, teacher associations urged the central government to either introduce a fresh clarification through Parliament or formally clarify the legal position to safeguard the future and employment of serving teachers. Organisations cite 2017 RTE Amendment provisions Government teacher organisations said the RTE Amendment Rules introduced in 2017, along with the notification published in the Government of India Gazette, had provided special provisions for teachers appointed or working before March 31, 2015, to obtain minimum qualifications within a specified period. According to the organisations, the Gazette notification clearly mentioned that such teachers were given an opportunity to acquire the required qualifications within the prescribed timeframe. Applying TET rule retrospectively is unfair: Teachers’ body Upendra Kaushal, Working State President of the Government Teachers’ Organisation, stated that it would be unjust to affect the services of teachers appointed before 2010 on the basis of the present TET requirement. He argued that the RTE Act was not in force at the time these teachers were appointed, and therefore imposing conditions introduced later would go against constitutional principles and natural justice. The organisation has demanded that both the central and state governments provide relief to previously appointed teachers in accordance with the amended rules published in the Government Gazette dated October 17, 2017, and protect their service continuity and seniority. Organisation refers to 2017 Amendment Bill The teachers’ organisation also referred to the Right of Children to Free and Compulsory Education (Amendment) Bill, 2017, introduced in Parliament by the then Union Human Resource Development Minister. According to the organisation, the primary objective of the amendment was to grant additional time to serving and untrained teachers to obtain minimum qualifications. The organisation said the bill clearly stated that teachers appointed or serving before March 31, 2015, who did not possess the prescribed minimum qualifications, would be allowed four years from the date of implementation of the amendment to acquire those qualifications. It added that the amendment was intended to complete the teacher training process being conducted by states. No explicit mention of TET in amendment: Organisation Upendra Kaushal further said that the “Statement of Objects and Reasons” and the “Financial Memorandum” attached to the amendment bill repeatedly referred to training qualifications for untrained teachers. According to him, the provisions focused on completing qualifications such as D.Ed and B.Ed, but did not explicitly mention mandatory TET qualification in clear terms. The organisation maintained that imposing TET requirements retrospectively on teachers who have been serving for years is a serious issue linked to the constitutional and service rights of lakhs of teachers. Teacher bodies have now urged the central government to introduce a clear amendment in Parliament or issue an official clarification to ensure job security and protect the future of serving teachers.