38.6c New Delhi, India, Saturday, September 27, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

SC's 2 judges doubt correctness of 5-judge decision on no TET eligibility for minority schools teachers [Read Judgment]

By Jhanak Sharma      02 September, 2025 01:47 PM      0 Comments
SCs 2 judges doubt correctness of 5 judge decision on no TET eligibility for minority schools teachers

NEW DELHI: In a significant judgment, the Supreme Court has expressed reservations over the correctness of the five-judge Constitution bench judgment in Pramati Educational and Cultural Trust which exempted minority educational institutions, whether aided or unaided, falling under clause (1) of Article 30 of the Constitution, from the purview of the entirety of the Right to Education Act.

In its 2014 judgment in case of Pramati Educational and Cultural Trust Vs Union of India, the Supreme Court has also held that Teachers Eligibility Test will not apply to minority institutions.

On a batch of matters arising from Maharashtra, Tamil Nadu and others, a bench of Justices Dipankar Datta and Manmohan held Article 30(1) has never been construed as conferring blanket immunity on minority institutions from all forms of regulation.

"With respect to unaided minority institutions, the interpretation of Article 30 must be guided by its underlying purpose of preserving the cultural, linguistic, and educational identity of minority communities and promoting their welfare," the bench said.

The bench underscored the mere admission of a “sprinkling of outsiders” neither defeats the purpose of Article 30 nor does it dilute or alter the minority character of such institutions.

"Article 30(1), in the context of aided minority institutions, is subject to the mandate of Article 29(2), which expressly prohibits denial of admission to any citizen in institutions maintained by the State or receiving State aid, on grounds of religion, race, caste, language, or any of them. An educational institution maintained by the State or receiving aid out of State funds cannot deny admission on, inter alia, grounds of religion," the bench said.

The court referred the matter to the Chief Justice of India to consider the questions framed by it to be adjudicated by the larger bench.

In its judgment, the court declared obtaining the TET qualification for teachers under the RTE Act is mandatory.

"In-service teachers (irrespective of the length of their service) would also be required to qualify the TET to continue in service," it said.

The court emphasised the provisions of the RTE Act have to be complied with by all schools as defined in Section 2(n) of the RTE Act except the schools established and administered by the minority – whether religious or linguistic – till such time the reference is decided.

In its directions, the bench said those teachers who have less than five years’ service left, as on date, may continue in service till they attain the age of superannuation without qualifying the TET.

Also Watch



"However, if any such teacher (having less than five years’ service left) aspires for promotion, he will not be considered eligible without he/she having qualified the TET," it said.

In respect of in-service teachers recruited prior to enactment of the RTE Act and having more than five years to retire on superannuation, the court declared they would be under an obligation to qualify the TET within two years from date in order to continue in service.

"If any of such teachers fail to qualify the TET within the time that we have allowed, they shall have to quit service. They may be compulsorily retired; and paid whatever terminal benefits they are entitled to," the bench said.

The court also framed questions for determination by a larger bench, including whether the RTE Act infringes the rights of minorities, religious or linguistic, guaranteed under Article 30(1) of the Constitution.

The court asked assuming that Section 12(1)(c) of the RTE Act suffers from the vice of encroaching upon minority rights protected by Article 30 of the Constitution, whether Section 12(1)(c) should have been read down to include children of the particular minority community who also belong to weaker section and disadvantaged group in the neighbourhood, to save it from being declared ultra vires such minority rights.

The court also asked as to what is the effect of non-consideration of Article 29(2) of the Constitution in the context of the declaration made in Pramati Educational and Cultural Trust that the RTE Act would not be applicable to aided minority educational institutions.

It also favoured authoritative pronouncement on whether, in the absence of any discussion in Pramati Educational and Cultural Trust regarding unconstitutionality of the other provisions of the RTE Act, except Section 12(1)(c), the entirety of the enactment should have been declared ultra vires minority rights protected by Article 30 of the Constitution.

The bench pointed out, Article 21A, which guarantees the right to free and compulsory education for all children aged 6 to 14, inherently includes the right to universal elementary education, that reaches every child, regardless of background.

"It also embraces the idea of a common schooling system, where children from diverse socio-economic and cultural groups learn together in shared spaces," the bench said. 

[Read Judgment]

Disclaimer: This content is produced and published by LawStreet Journal Media for informational purposes only and does not constitute legal advice. The views expressed are independent of any legal practice of the individuals involved.



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS

sc-permits-ramlila-at-school-playground-in-up
Trending Judiciary
SC permits Ramlila at school playground in UP

SC allows Ramlila at UP school ground, noting 100-year tradition, but urges finding alternate sites to keep playgrounds free for students.

26 September, 2025 12:08 AM
sc-stays-hcs-order-on-composition-of-sit-formed-to-probe-tirupati-parasadam-row
Trending Judiciary
SC stays HC's order on composition of SIT formed to probe Tirupati parasadam row

SC stays Andhra Pradesh HC order on SIT composition in Tirupati prasadam row, clarifying CBI Director’s role in appointing investigation officer.

26 September, 2025 07:53 PM

TOP STORIES

calcutta-hc-dismisses-plea-against-bengali-singer-for-allegedly-insulting-lord-ram-cites-lack-of-evidence
Trending Judiciary
Calcutta HC Dismisses Plea Against Bengali Singer For Allegedly Insulting Lord Ram, Cites Lack of Evidence [Read Judgment]

Calcutta HC dismisses plea against singer Nachiketa Chakraborty over alleged remarks on Lord Ram, citing lack of evidence and jurisdiction.

22 September, 2025 10:43 AM
allahabad-hc-slams-police-for-recording-caste-of-accused-in-firs-terms-it-identity-profiling
Trending Judiciary
Allahabad HC Slams Police for Recording Caste of Accused in FIRs, Terms It “Identity Profiling” [Read Order]

Allahabad HC condemns police for recording caste of accused in FIRs, calling it identity profiling that violates fundamental rights and constitutional values.

22 September, 2025 11:04 AM
spouse-may-claim-damages-for-marital-interference-by-third-party-delhi-hc
Trending Judiciary
Spouse May Claim Damages for Marital Interference by Third Party: Delhi HC [Read Order]

Delhi HC allows spouse to sue lover for ‘alienation of affection’, recognizing civil action for intentional interference in marriage.

22 September, 2025 01:06 PM
sc-notice-to-centre-others-on-plea-for-court-monitored-probe-into-air-india-crash
Trending Judiciary
SC notice to Centre, others on plea for court-monitored probe into Air India crash

SC issues notice on plea for court-monitored probe into Air India crash that killed 260; petitioner seeks independent, transparent, and fair investigation.

22 September, 2025 02:27 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email