NCTE Guidelines Binding, Teachers’ Eligibility Test (TET) Not Mandatory:SC [Read Judgment]

The Supreme Court on Tuesday held that the qualifications prescribed by the National Council for Teachers’ Education (NCTE) were binding on the states and Teachers’ Eligibility Test (TET) is not mandatory.

A bench of Justice AK Goel and Justice UU Lalit held so, while deciding an appeal filed by the State of Uttar Pradesh against the Allahabad High Court verdict holding the state’s criterion of ‘quality point marks’ as one at variance with the NCTE.

The question that lay before the apex court was validity of the decision of the state of Uttar Pradesh in prescribing qualifications for recruitment of teachers at variance with the NCTE guidelines on the ground of repugnancy of state law with the Central law on a subject falling in concurrent list.

While holding NCTE to be binding guidelines, the apex court went on to mould the relief to accommodate teachers who have been appointed as per the state’s amended guidelines which means that over one lakh teachers will not be removed now.

“We have been informed that 66,655 teachers have already been appointed in pursuance of the interim orders of this court. Having regard to the entirety of circumstances, we are not inclined to disturb the same. We make it clear that the state is at liberty to fill up the remaining vacancies in accordance with law after issuing a fresh advertisement,” the apex court said.

In the present case, NCTE issued guidelines dated February 11, 2011, for conduct of TET and also providing for weightage to the marks in the said test for recruitment of teachers.

The 1981 Rules of the state were amended on November 9, 2011, by providing that the names of the candidates shall be placed in descending order on the basis of the marks obtained in TET conducted by the Government of Uttar Pradesh.

Accordingly, the TET was held on November 13, 2011, and the result thereof was declared on November 25, 2011.

Thereafter on November 30, 2011, an advertisement was issued for appointment of ‘trainee teachers’ in primary schools. The candidates submitted their applications.

However, the said advertisement was cancelled and a fresh advertisement dated December 7, 2012, was issued, which came to be challenged and set aside by the impugned judgment. The justification given by the state of Uttar Pradesh for such cancellation is that the result of TET was influenced by money consideration.