Excelsior Correspondent
SRINAGAR, Sept 21: The All Teachers Association, Jammu & Kashmir today urged the Government to approach the Supreme Court for clarification on the applicability of its recent judgment regarding the Teacher Eligibility Test (TET) to teachers serving in J&K.
In this regard, the Association has submitted a detailed representation to the Chief Minister Omar Abdullah, urging it to approach the Supreme Court for clarification regarding the applicability of the judgment.
In its representation, the Association drew attention to the Supreme Court’s recent verdict in Anjuman Ishaat-e-Taleem Trust versus State of Maharashtra & Others (Civil Appeal No. 1385 of 2025; reported in 2025 INSC 1063), wherein the court held that passing the TET is one of the minimum qualifications under Section 23 of the Right to Education (RTE) Act, 2009, as read with the regulations and notifications issued by the National Council for Teacher Education (NCTE).
The Association, however, highlighted that Paragraph 4 of the NCTE notification dated August 23, 2010, prescribing minimum qualifications for teachers, categorically exempts all teachers appointed before the issuance of NCTE Regulations in 2001 from the requirement of passing TET and acquiring other qualifications prescribed in the said notification.
It further pointed out that the provisions of the RTE Act, 2009, the NCTE Regulations, and subsequent notifications were extended to the Union Territory of J&K only with effect from October 31, 2019, following constitutional changes.
“In the rest of India, all teachers appointed before the 2001 regulations are exempt from TET. By the same analogy, teachers in J&K appointed before October 31, 2019 ought to be treated as exempted,” the Association argued.
The body cautioned that any contrary interpretation would result in “grave prejudice and hardship” for J&K’s teachers, who were appointed in accordance with the recruitment rules and eligibility criteria applicable at the time of their appointment.
Denial of protection similar to what was granted to their counterparts elsewhere in the country, it said, would amount to discrimination and violation of Article 14 of the Constitution of India.
In its demand, the Association urged the Government to seek clarification from the Supreme Court regarding the scope and applicability of the recent judgment to J&K.
“We remain hopeful of a sympathetic and expeditious consideration of this representation in the interest of thousands of teachers serving in the School Education Department,” it stated.
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