Supreme Court on Teacher Eligibility Requirement: Termination Set Aside for Acquiring Qualification Within Statutory Time.

The Supreme Court quashed the termination of two Assistant Teachers in Uttar Pradesh who had been removed for not possessing the Teacher Eligibility Test (TET) qualification at the time of their appointment. The Court held that since both teachers acquired TET certification before the statutory deadline under the amended Section 23(2) of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), their termination in 2018 was unsustainable. The judgment reaffirmed that substantive compliance with qualification requirements within the legislatively prescribed period satisfies the mandate of law.

1. The appellants were appointed as Assistant Teachers at Jwala Prasad Tiwari Junior High School, Kanpur Nagar, in March 2012, after due selection and approval by the Basic Shiksha Adhikari (BSA).
2. The Teacher Eligibility Test (TET) was introduced in Uttar Pradesh in November 2011. Appellant No. 2 cleared it in November 2011, and Appellant No. 1 in May 2014.
3. In July 2018, their services were terminated on the ground that they did not possess TET qualifications at the time of appointment.
4. Their writ petition and subsequent intra-court appeal were both dismissed by the Allahabad High Court.

1. The Court noted that the 2017 amendment to Section 23(2) of the RTE Act allowed teachers appointed before 31 March 2015 to acquire minimum qualifications, including TET, within four years (by 31 March 2019).
2. Since the appellants had obtained TET certificates by 2014, they fulfilled the qualification criteria well within the prescribed timeframe.
3. The Supreme Court held that the High Court erred in affirming the termination when the only deficiency (TET qualification) had already been cured before the statutory deadline.
4. The BSA’s order lacked any reasoning other than non-possession of TET at appointment, which was legally insufficient.

1. The orders of both the Single Judge and Division Bench of the Allahabad High Court were set aside.
2. The termination order dated 12 July 2018 was quashed.
3. The appellants were directed to be reinstated forthwith as Assistant Teachers with continuity of service, seniority, and all consequential benefits, though without back wages.

1. Section 23, Right of Children to Free and Compulsory Education Act, 2009 – Minimum qualifications for appointment of teachers.
2. NCTE Notification dated 23 August 2010 – Prescribing TET as a mandatory qualification for teaching positions.
3. Right of Children to Free and Compulsory Education (Amendment) Act, 2017 – Allowing time till 31 March 2019 for existing teachers to acquire minimum qualifications.

Citation: 2025 INSC 1273

Case: Uma Kant & Anr. v. State of U.P. & Ors.

Court: Supreme Court of India

Coram: Chief Justice B.R. Gavai & Justice K. Vinod Chandran

Date of Decision: 31 October 2025

Civil Appeal No.: (Arising out of SLP(C) No. 22164 of 2024)