The court requested a response from both the state government and NCTE.
Assistant teachers from primary schools approached the High Court with a petition stating that their promotions to upper primary schools were halted by the state government.
The Allahabad High Court has delivered a significant ruling favouring junior high school assistant teachers. The court declared that junior high school assistant teachers who were appointed before the National Council for Teacher Education (NCTE) notification issued on August 23, 2010, are not required to clear the Teacher Eligibility Test (TET) to be promoted to the position of Principal. However, assistant teachers who were appointed post-August 23, 2010, must pass the TET to be eligible for promotion.
Furthermore, the court instructed the UP Basic Education Board to finalise the promotion process for the position of headmaster within the next six months. Justice Saurabh Shyam Shamsheri issued this order in response to several petitions, including one by Shiv Kumar Pandey and others.
Assistant teachers from primary schools approached the High Court with a petition stating that their promotions to upper primary schools were halted by the state government on the basis that they hadn’t cleared the Senior TET, a requirement they contested as nonexistent. Subsequently, the court requested a response from both the state government and NCTE on this issue.
NCTE submitted an affidavit clarifying that according to Clause-4 of the notification issued on August 23, 2010, teachers who were appointed before this notification’s release are not required to pass the TET for promotion. However, the notification also introduced a mandate for primary school assistant teachers appointed post-notification to clear the TET to qualify for promotion to upper primary schools, effective from the notification’s date of issuance.
Upon receiving clarification from NCTE, the High Court ruled that the TET is not a prerequisite for assistant teachers in junior high schools who were appointed before August 23, 2010. Furthermore, the court ordered that the promotion process be finalised within six months.
TET is established as the essential criterion in India for individuals aspiring to become teachers for Classes 1 to 8. This test is a compulsory requirement for securing teaching positions in government schools across the country. In addition to the TET, the Uttar Pradesh Government has introduced another qualifying exam known as Super TET. The administration of the TET exam falls under the jurisdiction of both central and state governments within India, with most states organizing their version of the TET. The purpose of conducting the TET is to fulfil the aims of the Right of Children to Free and Compulsory Education Act, enacted in 2009. Notably, the validity of the TET certificate has been extended to a lifetime.