High Court order: No salary to teachers of minority schools without TET pass, stay on order of a bench A to Z Counsel

The Allahabad High Court has stayed the single judge’s order to pay salaries to the teachers of aided minority schools, considering the appointment without TET passed prima facie correct. In the year 2012, two teachers were appointed by the manager in the aided minority school without TET qualification. Accepting the appointment of these two teachers as correct, the single judge had directed to pay them with seven and a half percent interest from the date of their appointment in August 2012. It was also said that in case of non-payment, the outstanding amount should be recovered with twelve and a half percent interest.

This order has been passed by the division bench of Justice Manoj Mishra and Justice Vikas Wednesday on a special appeal filed by the Uttar Pradesh government. By filing a special appeal, the state government challenged the order of the single judge on June 20, 2022. On behalf of the State Government, Additional Chief Permanent Advocate Ramanand Pandey argued that under Section 23 of the Right to Free Child Education Act, 2009, the Academic Authority has fixed the educational qualification of teachers in primary schools.

NCTE issued a notification on 20 August 2010, setting the educational qualification of passing TET for the appointment of teachers in primary schools across the country. According to this notification, after August 20, 2010, it has been made mandatory to have TET qualification for the appointment of primary school teachers.

On behalf of the government, it was said that two teachers, Mushahid Ali Khan and Mohd. Nazim, were appointed by the manager in August 2012 of the Falah-e-Daren Inter College Kanth Darwaza Street School in Moradabad. Both these teachers were not TET pass on the date of appointment. For this reason their appointments are illegal and the single judge has to order payment of their salaries.

On behalf of the teachers, advocate JP Singh said that the Right of Children to Free Education Act, 2009 is not applicable in minority schools. In such a situation, TET qualification is not necessary for these teachers. The High Court has put a stay on the single judge’s order passed regarding the salary payment order of these teachers.

The court has said in its order that both the parties should present their written arguments before the court whether the government can compel the teachers of minority schools to have the necessary qualification of TET. Will this step of the government not affect the rights given to them in the constitution. The High Court will hear this special appeal of the government on January 21, 2023.