The Lucknow bench of the Allahabad high court has directed the Uttar Pradesh government to decide on amending service rules to make teacher eligibility test (TET) mandatory for the promotion of teachers of senior basic, junior primary, and nursery schools, as mandated by the National Council for Teacher Education (NCTE).
A bench of Justices AR Masoodi and BR Singh said no such promotions should be made before bringing the required change in rule 18 of the UP Basic Education (Teachers) Service Rules 1981 on the promotion of teachers.
The bench, however, clarified that the order would not bar the promotion of qualified teachers who have cleared TET, but such promotions would be subject to the outcome of the petition. The bench passed the order on a writ petition moved by Himanshu Rana and others.
The petitioners have questioned the validity of rule 18 of the UP Basic Education (Teachers) Service Rules 1981 to the extent of non-including TET criteria for promotions of teachers in senior basic, junior primary and nursery schools.
The petitioners said that the NCTE clarified through a September 11, 2023 notification that TET was compulsory for such promotions. Hence, without sticking to these criteria, no promotions can be made.
The petitioners’ counsel, Amrendra Nath Tripathi, relied on the Madras High Court's judgment that TET was compulsory for such promotions. The bench said that since the Madras HC verdict is sub-judice in the Supreme Court, which has issued notices to the parties concerned, the instant matter requires consideration.
