Court orders inclusion of Teacher Eligibility Test as a requisite qualification for recruiting teachers for classes VI to VIII, ensuring compliance with NCTE norms.
In a landmark judgment delivered on April 2, 2026, the Allahabad High Court has directed the Uttar Pradesh government to amend its recruitment rules for trained graduate teachers. The decision mandates the inclusion of the Teacher Eligibility Test (TET) as a requisite qualification for teaching classes VI to VIII, aligning state regulations with the National Council for Teacher Education (NCTE) norms.
The court's ruling came in response to two writ petitions filed challenging Rule 8 of the Uttar Pradesh Subordinate Educational (Trained Graduate Grade) Service Rules, 1983, as amended in 2025. The petitioners contended that the rule was in contravention of the NCTE notification dated August 23, 2010, which mandates passing the TET for appointment as an Assistant Teacher for classes VI to VIII.
Representing the petitioners, advocates Taniya Pandey and Sanjay Kumar Yadav argued that the existing rule omitted the crucial qualification of TET (pass), thereby violating Section 23 of the Right of Children to Free and Compulsory Education Act, 2009. They highlighted that the absence of this qualification in the recruitment process led to the appointment of teachers without the necessary eligibility, affecting educational standards.
The respondents, represented by Additional Advocate General Kartikeya Saran and others, asserted that the amendments made to the rules were compliant with NCTE guidelines for recruiting teachers for classes IX and X. However, they could not provide evidence of any recruitment notices or processes for classes VI to VIII that adhered to the TET requirement.
The court, presided over by Justices Arindam Sinha and Prashant Kumar, noted the existence of 904 institutions in Uttar Pradesh where classes VI to XII are taught. This fact underscored the necessity for qualified teachers in the lower classes. The court directed the state to propose amendments to Rule 8 to incorporate TET (pass) as a required qualification and ordered the issuance of a corrigendum to clarify recruitment advertisements for teachers for classes IX and X.
This judgment is expected to significantly impact teacher recruitment processes in Uttar Pradesh, ensuring that educational standards are maintained by employing teachers who meet nationally recognized qualifications. The decision reinforces the importance of adhering to national educational norms and highlights the judiciary's role in upholding educational quality.
Bottom Line:
Education Law - Recruitment of teachers for classes VI to VIII - Rule 8 of Uttar Pradesh Subordinate Educational (Trained Graduate Grade) Service Rules, 1983 as amended by 6th amendment dated 30th January, 2025, found in contravention of National Council for Teacher Education (NCTE) notification mandating Teacher Eligibility Test (TET) qualification - Rule directed to be amended to include TET (pass) as a requisite qualification.
Statutory provision(s):
Right of Children to Free and Compulsory Education Act, 2009 - Section 23, National Council for Teacher Education (NCTE) notification dated 23rd August, 2010, Uttar Pradesh Subordinate Educational (Trained Graduate Grade) Service Rules, 1983.
Akhilesh v. State Of Uttar Pradesh, (Allahabad)(DB) : Law Finder Doc id # 2877395
