TET is Mandatory for Minority Schools Subject to Outcome of Supreme Court Constitution Bench Reference

The Appellants (State educational authorities) challenged a Writ Court order dated 07.09.2023, which directed the approval of the first Respondent's appointment as a teacher at RCM High School (a minority institution)

The primary contention revolved around whether the Teacher Eligibility Test (TET) qualification is mandatory for such approvals in minority schools.

This appeal was heard amidst evolving jurisprudence regarding the applicability of the Right to Education (RTE) Act to minority institutions

1. Whether the TET qualification is a mandatory requirement for the approval of teaching staff appointments in minority educational institutions

2. Whether the state can grant approval for appointments in minority institutions while the issue of TET applicability is pending before a Constitution Bench of the Supreme Court

Section 23 of the Right of Children to Free and Compulsory Education (RTE) Act, which mandates minimum qualifications for teachers

Anjuman Ishaat-E-Taleem Trust vs. The State of Maharashtra (2025 INSC 1063), which held that TET is a "constitutional necessity" under Article 21A and a mandatory eligibility requirement for all teachers

Pramathi Educational and Cultural Trust v. Union of India (2014), which had previously granted sweeping exemptions to minority institutions under Article 30(1), leading to a Reference to a larger Constitution Bench

Government Order G.O.Ms.No.300 dated 24.12.2025, which governs approvals subject to judicial outcomes

The Court reasoned that while TET is established as an essential qualification to maintain uniform teaching standards, the specific exemption for minority institutions remains a subjudice matter because a Two-Judge Bench of the Supreme Court referred the Pramathi ruling for reconsideration by a Constitution Bench

The Court observed that Article 30(1) should not be used to evade regulatory standards intended for the "best interest of children"

Consequently, the Court found that grant of approval for teachers lackings TET in minority schools cannot be absolute. It reconciled the mandatory nature of TET with the pending Reference by determining that any such approvals must be conditional, aligning with the State's policy in G.O.Ms.No.300

It held that while the issue is pending before the Constitution Bench, authorities may grant approval to teachers in minority institutions provided they "clearly indicate" that such approval is strictly subject to the final outcome of the Reference pending before the Supreme Court of India.

The Court reiterated that TET is generally mandatory, but for the interim period, G.O.Ms.No.300 dated 24.12.2025 shall govern the conditional nature of these appointments.