The Supreme Court has held that teachers who obtained the Teacher Eligibility Test (TET) qualification within the extended time prescribed under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) cannot be terminated merely because they did not possess the qualification at the time of their initial appointment.

A Bench comprising Chief Justice of India BR Gavai and Justice K Vinod Chandran passed the order while allowing an appeal filed by two assistant teachers, Uma Kant and another, who had been terminated by the Basic Shiksha Adhikari (BSA), Kanpur Nagar, in July 2018 for lacking TET certification when appointed in 2012.

Background

The appellants were appointed as Assistant Teachers in Jwala Prasad Tiwari Junior High School, a recognised and aided institutio

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