Pir Azhar / The recent order issued by the Jammu & Kashmir Government to conduct the JK-TET examination is based on the Right to Education Act (2009) and the guidelines of the National Council for Teacher Education (NCTE). These rules make it necessary for a person to pass the Teacher Eligibility Test (TET) to become a teacher for Classes 1 to 8. After 2019, all central education laws are fully applicable to Jammu & Kashmir, which legally empowers the Government to conduct JK-TET for future teacher recruitment in line with national standards.
The National Education Policy (NEP 2020) also emphasizes the need for professionally qualified and well-trained teachers in order to improve the quality of school education across the country. As per NEP 2020, teacher eligibility and competency are considered essential for strengthening foundational learning outcomes, making examinations like TET an important requirement for future appointments in the education sector.
However, the issue has become complicated after a recent Supreme Court judgment which made TET mandatory not only for new teachers but also for some already working (in-service) teachers. This has created concern across many states because thousands of teachers were appointed earlier under recruitment rules where TET was not compulsory. As a result, several Review Petitions filed by State Governments such as West Bengal and by various Teachers’ Associations and Federations are currently pending before the Hon’ble Supreme Court, challenging the implementation of TET for in-service teachers. The matter remains under judicial consideration and the final decision is still awaited.
In this context, the statement made by Education Minister Sakeena Itoo denying immediate enforcement of TET for in-service teachers appears to be an administrative and practical step rather than a legal contradiction. While the Government must follow RTE Act, NCTE norms and NEP 2020 for future recruitment, it also has the responsibility to safeguard the service rights of those teachers who were appointed under earlier rules. Immediate enforcement without waiting for legal clarity may result in unnecessary litigation and disruption in the functioning of schools.
At the same time, conducting JK-TET as an examination does not violate any law and can be carried out for upcoming recruitment in line with RTE Act and NEP 2020 objectives of improving teaching standards. But making it compulsory right now for already working teachers may create avoidable legal complications and affect the education system, especially in remote districts like Kupwara, where shortage of teaching staff has already been highlighted through different Means of Press and Media, Waiting for the Supreme Court’s final decision before taking strict action would help balance legal compliance with the need to ensure continuity of education in far-flung areas.
