Teachers selected before RTE order spared from TET

Published: 10th July 2013 10:28 AM  |   Last Updated: 10th July 2013 10:28 AM   |  A+A-

In a significant judgment, the Madras High Court has ruled that the provisions of the Right of Children to Free and Compulsory Education (RTE) Act, mandating Teacher Eligibility Test (TET) will not apply to candidates whose selection process was almost over with verification of certificates before the notification of the Act on August 23, 2010 by National Council for Teachers Education (NCTE).

This judgment gains significance as 32,000 candidates had appeared for the TET held in 2010-11 and a major portion of them have failed and lost the opportunity of becoming teachers.

Reversing the orders of a single judge and that of the first bench, led by the then Chief Justice, a division bench comprising Justices Elipe Dharma Rao and M Venugopal delivered the landmark judgment on Tuesday.

The bench was allowing a batch of review petitions and writ appeals from TS Anbarasu and 92 others challenging the orders dated March 1, 2012 of a single judge and July 13, 2012 of the first bench. They had held that the policy decision of the government could not be interfered with.

The bench observed that a plain reading of Clause (5) of the notification indicated that if the process of appointment of teachers had been initiated prior to the date of the notification, such appointments should be made in accordance with the NCTE Regulations, 2001. In other words, the persons in respect of whom the certificate verification had been done prior to the date of the notification need not write the TET.

In this case, the review petitioners were sponsored by the Commissioner of Employment & Training for certificate verification for post graduate assistants selection during May 2010, based on their employment exchange seniority and communal reservation.


Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on are those of the comment writers alone. They do not represent the views or opinions of or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp