The TET Mandate for In-service Teachers: A Clash Between Teacher Quality and System Stability
UPSC Relevance
Prelims: Indian Polity and Governance (Fundamental Rights - Article 21A, Article 30; Key Legislations - Right to Education (RTE) Act; Judiciary - Article 142, Review Petitions).
Mains:
General Studies Paper 2 (Polity, Governance, Social Justice): Welfare schemes for vulnerable sections... and the performance of these schemes; Issues relating to development and management of Social Sector/Services relating to Education; Government policies and interventions; Structure, organization and functioning of the Judiciary.
Key Highlights from the News
Tamil Nadu government filed a review petition against the Supreme Court verdict, which stated that in-service teachers of classes 1 to 8, who do not pass the Teachers’ Eligibility Test (TET) within two years, will be compulsorily retired.
The state argues that if this judgment is implemented, approximately 4 lakh teachers in Tamil Nadu alone will lose their jobs, and the school system will collapse.
The interpretation of Section 23 of the Right to Education (RTE) Act, 2009 is the central point of this legal dispute.
Tamil Nadu argues that TET qualification is applicable only for new recruitments (future recruitment) after the RTE Act came into force, and it is not correct to apply it retrospectively (retrospectively) to those appointed before the law.
Using its special power under Article 142 of the Constitution, the court had exempted senior teachers with less than five years of service remaining from this judgment.
The Supreme Court referred the crucial issue of whether minority educational institutions (minority educational institutions) should be brought under the ambit of the RTE Act to a larger bench.
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