The Directorate of School Education has notified that in pursuant to the Judgment dated 29/05/2026 passed by the Supreme Court of India in Civil Appeal No. 1385/2025, State of U.P. Vs. Anjuman Ishaat-e-Taleem Trust & Ors and the directives issued by the Government of Nagaland vide letter No. DSE/LEGAL/10-293/2026/3678 dated 29/07/2026, it is notified for the information of all concerned that:
1. All categories of Primary and Graduate Teachers appointed prior to the enactment of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act, 2009) and having more than 5 years to retire on superannuation as on 01/09/2025 shall mandatorily qualify the Teacher Eligibility Test (TET) on or before 31/08/2028.
If any of such teachers fail to qualify the TET within the aforesaid period, they would be compulsorily retired; and paid whatever terminal benefits they are entitled to. The entitlement to terminal benefits shall be subject to fulfillment of the prescribed qualifying period of service under the relevant rules. In cases where there is any deficiency in the qualifying service, the matter may be considered by the competent authority upon representation by the concerned teacher.
2. The aforestated directions shall also be applicable to all categories of in-service Primary and Graduate Teachers appointed after the enactment of the RTE Act, 2009.
3. All categories of in-service Primary and Graduate Teachers having less than five years’ service left, as on 01/09/2025, may continue in service till they attain the age of superannuation without qualifying the TET. However, if any such teacher (having less than five years’ service left) aspires for promotion, he/she will not be considered eligible without he/she having qualified the TET.
4. Those aspiring for appointment as Primary and Graduate Teachers and those in-service Primary and Graduate Teachers aspiring for appointment by promotion must qualify the TET; or else, they would have no right of consideration of their candidature.
The above directions are applicable to all categories of Schools as defined in Section 2(n) of the RTE Act, 2009 except schools established and administered by religious or linguistic minorities. The applicability of the aforesaid directions to schools established and administered by religious or linguistic minorities shall remain subject to the outcome of the relevant proceedings/reference pending before the Supreme Court of India and any further orders passed therein.
This Notification shall come into force with immediate effect.
(DIPR)