Candidates Must Meet Minimum Qualifications and Clear TET for Engagement and Regularization
In a significant ruling, the Supreme Court of India has upheld the closure of the Rehbar-e-Taleem (ReT) Scheme by the Government of Jammu and Kashmir but has directed that engagement orders be issued to candidates already placed in select panels as of the closure date. The directive comes with the condition that these candidates acquire the minimum qualifications prescribed by the National Council for Teacher Education (NCTE) and clear the Teachers' Eligibility Test (TET) within a stipulated timeframe.
The ReT Scheme, launched in 2000, aimed to address the shortage of teaching staff in underserved areas of Jammu and Kashmir. However, it was formally closed by the government in November 2018, citing issues such as fake documents and the need to ensure quality education. The closure led to a series of litigations by candidates whose engagement orders were not issued due to pending litigations.
The Supreme Court's judgment, delivered by Justices J.K. Maheshwari and Atul S. Chandurkar, balances the closure order with the rights of candidates in select panels. The court emphasized that classification based solely on the pendency of litigation lacks a rational nexus with the closure order's objective, which is to address the quality of education.
The court invoked its plenary powers under Article 142 of the Constitution to ensure justice, directing the State to issue engagement orders within eight weeks. Candidates must qualify the TET within three years and three attempts from their engagement date, ensuring compliance with NCTE guidelines. Failure to meet these conditions will result in the termination of services.
The court's decision also addressed the need for the State to conduct the TET annually and reconsider the current remuneration for ReT teachers, which stands at Rs. 3,000, a figure deemed inadequate given prevailing economic conditions.
This judgment is expected to impact approximately 783 candidates in select panels and seeks to harmonize the closure order with the statutory requirements under the Right of Children to Free and Compulsory Education Act, 2009, ensuring uniform teaching standards and quality education.
Statutory provision(s): Right of Children to Free and Compulsory Education Act, 2009 Section 23, Constitution of India - Article 14, Teachers' Eligibility Test (TET), Plenary Powers - Article 142
Union Territory of Jammu and Kashmir v. Saba Wani, (SC) : Law Finder Doc id # 2892102
