In a significant relief to two assistant teachers from Kanpur Nagar, the Supreme Court has directed their immediate reinstatement after finding that their termination for not having the Teacher Eligibility Test (TET) qualification at the time of joining was unjustified. The bench, led by Chief Justice B.R. Gavai, heard the matter earlier this week and delivered its judgment on October 31.
Background
The dispute goes back to 2011, when Jwala Prasad Tiwari Junior High School in Bhauti, Kanpur Nagar, initiated recruitment for four posts of Assistant Teachers with due approval from the Basic Shiksha Adhikari (BSA). The applicants, including Uma Kant and another candidate, applied, were selected, and formally joined duties in March 2012.
However, the TET exam in Uttar Pradesh had been conducted only a few months earlier, in November 2011. One of the teachers cleared the exam in November 2011, while the second passed in 2014. Their appointments continued without interruption.
But in July 2018, the BSA terminated their services stating that they did not possess TET qualifications at the time of appointment. The pair challenged the decision before the Allahabad High Court, but both a Single Judge (March 2024) and then a Division Bench (May 2024) upheld their termination. This led them to approach the Supreme Court.
Court’s Observations
The Supreme Court carefully examined the timeline of events. The Right to Education (RTE) Act mandates that teachers must possess minimum qualifications prescribed by the National Council for Teacher Education (NCTE), and passing TET is part of that qualification.
But in 2017, the law was amended to allow teachers appointed before March 31, 2015, to obtain the qualification within four years meaning up to March 2019.
The bench pointed out that both appellants had already cleared TET by 2014, well before the deadline. The bench observed, “We fail to see how the appellants can be treated as unqualified in 2018 when they had already passed TET years earlier.”
The Court also noted that the termination order mentioned only the lack of TET at the time of appointment and did not raise any other concerns regarding their eligibility, conduct, or appointment process.
This meant the termination relied on a technicality that did not hold ground under the amended law.
Decision
The Supreme Court set aside the High Court's orders and canceled the 2018 termination. The Court directed authorities to reinstate both teachers immediately at JPT Junior High School. However, it clarified that they will not receive back wages, but will receive continuity of service, seniority benefits, and all related entitlements.
The judgment concluded with instructions to the authorities to ensure compliance without further delay.
The court’s decision ends at this direction of reinstatement and continuity of service.
Case Title: Uma Kant & Another vs. State of Uttar Pradesh & Others (2025)
Court: Supreme Court of India
Bench: Chief Justice B.R. Gavai and Justice K. Vinod Chandran
Appellants: Uma Kant and another Assistant Teacher
Respondents: State of Uttar Pradesh and others
Date of Judgment: 31 October 2025
