Do Special Educators Need TET? Supreme Court Seeks Clarity From NCTE; Bars Appointments Of New Spl Teachers Without TET
The Supreme Court recently asked the National Council for Teacher Education (NCTE) to clarify the prevailing statutory position on whether clearing the Teacher Eligibility Test (TET) is a mandatory qualification for candidates seeking appointment as Special Educators. The Bench of Justice Dipankar Datta and Justice Augustine George Masih passed the directions while hearing a batch of...
The Supreme Court recently asked the National Council for Teacher Education (NCTE) to clarify the prevailing statutory position on whether clearing the Teacher Eligibility Test (TET) is a mandatory qualification for candidates seeking appointment as Special Educators. The Bench of Justice Dipankar Datta and Justice Augustine George Masih passed the directions while hearing a batch of petitions arising from Rajneesh Kumar Pandey v. Union of India.
During the hearing, Senior advocate Rana Mukherjee, appearing for Uttar Pradesh, drew the Court's attention to the 2021 judgment in Rajneesh Kumar Pandey, arguing that TET had been acknowledged as the minimum educational qualification for educators from pre-school to Class V. The Bench noted that this was contrary to its existing impression that, as per a 7 March 2025 order of a coordinate Bench, Special Educators were required to possess the Rehabilitation Council of India (RCI) qualification.
Amicus curiae Rishi Malhotra also referred to an earlier Supreme Court order dated 21 July 2022 which discussed a 10 June 2022 circular of the Ministry of Education that recognised CTET/TET/NTA scores along with a classroom demonstration and interview as part of the recruitment process.
The bench comprising Justice Dipankar Datta and Justice Augustine George Masih noted that several States had proceeded with recruitment for Special Educators, presuming RCI to be the only mandatory qualification, without indicating TET as a necessary criterion in their notifications. To resolve the issue, the Bench directed that NCTE be impleaded as a respondent and issue notice returnable on 2 December 2025. The amicus was also asked to compile all State notifications that initiated selection processes without specifying TET.
In an important interim direction, the Court made it clear that no candidate shall be appointed as a Special Educator unless he or she possesses the TET qualification, especially in cases where the recruitment process is nearing completion.
"If any selection process is on the verge of completion, we make it clear that no candidate shall be appointed unless he/she possess the TET qualification."
The Bench also noted a grievance that the Delhi Government had not published merit lists for advertisements issued in July 2022 and July 2023. Counsel for Delhi assured the Court that the results would be published within two weeks, and the Court directed that the lists be placed before it on the next hearing date.
The matter will be heard again on 2 December 2025, when the Court will also take up cases relating to West Bengal and Odisha.