Uma Kant and Another vs State of U.P. and Others

Not available · 2025 INSC 1273Decided 31 Oct 2025
Not available
Chief Justice B.R. Gavai

Background

Two teachers were appointed as Assistant Teachers at a junior high school in Kanpur, Uttar Pradesh in March 2012, before either of them had cleared the mandatory Teacher Eligibility Test (TET). One appellant cleared TET later in 2011, and the other in 2014. A 2017 amendment to the Right to Education Act gave teachers who were already in position as of 31 March 2015 until 31 March 2019 to acquire the TET qualification. Despite both appellants having passed TET well before that 2019 deadline, the education authority terminated their services in 2018 solely because they lacked TET at the time of their original appointment. The High Court (both single judge and Division Bench) upheld the termination.

Decision Breakdown

The Supreme Court held that the lower courts and the education authority had misapplied the law: the 2017 amendment explicitly gave already-serving, unqualified teachers until 31 March 2019 to obtain TET, and both appellants had done so well within that window (by 2014). Since there was no other stated ground for finding them unsuitable, their termination for lack of TET at appointment, when they had since met the extended deadline, was unlawful. The Court quashed the High Court's judgments and the termination order, and directed that the teachers be reinstated with continuity of service and all consequential benefits (except back-wages for the period they were out of service).

Lesson Learnt

When a law is later amended to give existing employees a grace period to meet a new qualification requirement, an employer cannot terminate someone for not having met that requirement at the time of original appointment if the employee in fact qualified within the extended grace period.

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