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TET Requirement for Special Educators Under Judicial Review: Supreme Court Asks Centre to Clarify in Key Education Law Case

The Supreme Court has asked the Union Government to clarify whether TET is mandatory for Special Educators teaching secondary classes.
CEC Gyanesh Kumar
Indian Masterminds Stories

New Delhi: The teacher eligibility test (TET) requirement for Special Educators in secondary classes has come under the scanner of the Supreme Court of India. The apex court has asked the Union Government to file an affidavit clarifying whether teachers appointed as Special Educators for children with special needs in Classes IX to XII must qualify the Teachers Eligibility Test (TET). 

Background of the TET Requirement for Special Educators Case

The matter relates to whether Special Educators teaching students with disabilities in secondary classes are required to pass the Teachers Eligibility Test (TET).

Read also: Landmark Move on Disability Rights: Supreme Court to Review UPSC’s Screen-Reader Compliance Plan for Visually Impaired Candidates on February 23

TET is generally mandatory for teachers teaching Classes I to VIII under the Right to Education (RTE) Act framework. However, the legal position regarding its applicability to teachers in secondary and senior secondary classes—especially Special Educators—remains unclear.

The Supreme Court has now asked the Union Government to clarify its stand through an affidavit.

Importance of TET Requirement for Special Educators

This case impacts:

  • Children with Special Needs (CWSN) studying in Classes IX to XII
  • Recruitment rules for Special Educators
  • Implementation of disability rights laws
  • Education standards across states

If TET is made mandatory, many currently serving Special Educators may need to qualify it. On the other hand, if it is not required, recruitment norms may differ from general teaching posts.

Legal Background

Under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act), TET is mandatory for teachers teaching Classes I to VIII.

The National Council for Teacher Education (NCTE) lays down minimum qualifications for teachers, including TET requirements. However, the RTE Act does not directly apply to Classes IX to XII. This has created confusion regarding TET requirements for secondary-level teachers.

2. Rights of Persons with Disabilities Act, 2016

It guarantees inclusive education to children with disabilities. The Act requires the government to ensure that qualified Special Educators are appointed in schools to support children with disabilities. However, it does not clearly state whether TET qualification is compulsory for Special Educators at the secondary level.

TET Requirement for Special Educators: Supreme Court’s Direction

The has now sought a formal affidavit from the Union Government.

The court wants clarity on:

  • Whether TET is mandatory for Special Educators teaching Classes IX to XII
  • Whether any notification or regulation makes it compulsory
  • What standards are currently followed across states

The matter will be considered after the Union files its response.

Role of NCTE

The (NCTE) is responsible for prescribing teacher qualifications. In past notifications, NCTE has specified TET as a qualification for certain categories of teachers. However, questions remain about whether those notifications extend to Special Educators in secondary classes.

The Supreme Court’s clarification will likely depend on NCTE’s rules and the Union Government’s interpretation.

Read also: UP: CM Yogi Adityanath Steps In to Support Veteran Teachers, State to File Revision Petition on Supreme Court’s Uncertain TET Mandate


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