SRINAGAR: The Jammu and Kashmir government on Tuesday moved a resolution in the ongoing autumn session of the Legislative Assembly on Tuesday seeking to exempt government teachers appointed before January 1, 2019, in the Union Territory from the Teacher Eligibility Test (TET). The move follows the Supreme Court judgment making TET mandatory for in-service teachers in non-minority institutions.
"This House unanimously urges the Union Government to make necessary statutory amendment to Section 23 of Right of Children to Free and Compulsory Education Act, 2009, to exempt all Teachers appointed before 01.01.2019 from appearing in the Teacher Eligibility Test (TET),” reads a resolution introduced by Education Minister Sakina Itoo in the House today.
While no member opposed the resolution, legislators including those from BJP sought a debate on the issue. Assembly Speaker Abdul Rahim Rather said the debate would be taken up when the House reconvenes on September 23, following a one-day holiday on account of the birth anniversary of the last Maharaja of Jammu and Kashmir, Maharaja Hari Singh.
The Supreme Court in its judgement on September 1, 2025 held that the Teacher Eligibility Test (TET) is one of the minimum qualifications prescribed under Section 23 of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, and is mandatory for appointment as a teacher in schools covered under the Act.
While disposing of the review petitions in the matter on 29.05.2026, the Supreme Court extended the timeline for acquisition of TET qualification from 31.08.2027 to 31.08.2028. The apex court has observed that the respective appropriate governments/authorities should endeavour to conduct TET periodically, preferably twice every year, with an interval of approximately six months between successive examinations.
J&K Teachers Forum has welcomed the government’s move but urged the Education Minister to reconsider the proposed cut-off date.
“We appeal that the cut-off date in the resolution may be corrected from 01.01.2019 to 31.10.2019, as the RTE/TET provisions were implemented in J&K with effect from 31st October 2019,” said J&K Teachers Forum UT president Mohammed Ashraf Sheikh.
Since the J&K Reorganisation Act came into effect on October 31, 2019, the teachers' body argued that teachers appointed in the erstwhile state before that date should be covered by the proposed exemption.
The Forum apprehended that retaining January 1, 2019, as the cut-off date could leave out thousands of teachers appointed between January and October 2019.
The Forum has appealed to all MLAs to support the resolution and seek protection for teachers appointed before October 31, 2019.