SRINAGAR, Sept 21: The All Teachers Association, Jammu & Kashmir, on Sunday urged the Government to approach the Supreme Court seeking clarification on whether the court’s recent judgment on the Teacher Eligibility Test (TET) applies to teachers serving in the Union Territory.
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In a detailed representation submitted to Chief Minister Omar Abdullah, the Association drew attention to the Supreme Court’s verdict in Anjuman Ishaat-e-Taleem Trust v. State of Maharashtra & Others (Civil Appeal No. 1385 of 2025; reported in 2025 INSC 1063), which held that passing the TET is among the minimum qualifications under Section 23 of the Right to Education (RTE) Act, 2009, read with NCTE regulations and notifications.
The Association pointed out that Paragraph 4 of the NCTE notification dated August 23, 2010, expressly exempts teachers appointed before the issuance of NCTE Regulations in 2001 from the requirement of passing the TET and from other qualifications later prescribed in the notification. It argued that since the RTE Act, NCTE regulations and subsequent notifications were extended to J&K only from October 31, 2019, teachers appointed in J&K before that date should, by analogy, be treated as exempt.
The body warned that a contrary interpretation of the Supreme Court judgment would cause “grave prejudice and hardship” to J&K teachers who were recruited under the rules and eligibility criteria in force at the time of their appointment. It said denying them the same protection enjoyed by their counterparts elsewhere would constitute discrimination and a violation of Article 14 of the Constitution.
The All Teachers Association therefore asked the state government to seek a formal clarification from the Supreme Court on the scope and territorial applicability of the judgment to teachers in Jammu & Kashmir.
“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,” the Association said in its submission.
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