Case Analysis
This judgment from the High Court of Judicature at Bombay addresses two writ petitions, filed by Sagar Dattatray Chorghe and Sangeeta Ramchandra Salunke, concerning their employment as teachers and the requirement to have a Teachers Eligibility Test (TET) qualification. Both petitioners were denied approval for their transfers and had their salaries withheld because they did not have the TET qualification by the mandated deadline of March 31, 2019.
Background
* Petitioner 1: Sagar Dattatray Chorghe: Was appointed on September 1, 2013, to an unaided division of a school. He did not have the mandatory TET qualification at the time of his appointment but cleared the Central Teacher Eligibility Test (CTET) in 2021.
* Petitioner 2: Sangeeta Ramchandra Salunke: Was appointed on August 1, 2013. She also did not have the TET qualification when appointed but passed the CTET in 2021.
* Supreme Court Precedent: The judgment refers to a recent Supreme Court ruling from September 1, 2025, in the case of Anjuman Ishaat-E-Taleem Trust V/s. The State of Maharashtra & Others. This ruling affirmed that the TET is a mandatory qualification for teachers. The Supreme Court’s decision addressed different categories of in-service teachers based on the RTE Act and the deadline for obtaining the TET qualification.
Supreme Court Directives
The Supreme Court’s judgment in Anjuman Ishaat-E-Taleem Trust laid down the following directives regarding in-service teachers and the TET qualification:
* General Rule: All in-service teachers, regardless of their length of service, are required to have the TET qualification to continue their employment.
* Teachers with less than five years of service remaining: Teachers who had less than five years of service left as of September 1, 2025, are permitted to continue until superannuation without the TET qualification. However, they will not be eligible for promotion unless they acquire the TET qualification.
* Teachers with more than five years of service remaining: Teachers hired before the RTE Act came into force who have more than five years until superannuation must obtain the TET qualification within two years of the September 1, 2025, judgment. Failure to do so will result in their removal from service or compulsory retirement, though they may be entitled to terminal benefits if they have met the required service period.
* New Hires and Promotions: Candidates seeking new appointments or in-service teachers seeking promotion must qualify the TET to be considered.
High Court’s Decision
The Bombay High Court’s judgment notes that the Supreme Court did not explicitly address the status of teachers who were appointed after the TET became mandatory but obtained the qualification before the Anjuman judgment.
Drawing from the logic of the Supreme Court’s ruling, the High Court concluded that if teachers with more than five years of service are given two years to acquire the qualification, then those who already obtained it before the Anjuman judgment should also be protected.
Therefore, the court ruled that teachers who joined service after the TET was mandated but acquired the qualification before the Supreme Court’s September 1, 2025, judgment in Anjuman can continue in their service and are also eligible for promotion. The judgment clarifies that the CTET is considered equivalent to the State TET.
The court quashed the orders that had refused to approve the petitioners’ transfers and directed the relevant authority to issue a new order for each case. This decision was based on the fact that both petitioners had acquired the necessary CTET qualification before the Supreme Court’s judgment.
However, the court added a provision that this ruling does not apply to candidates alleged to have been involved in the 2019 TET exam results scam, stating that those cases must be reviewe
d independently.
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