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The All Jharkhand Primary Teachers' Association has demanded that the Jharkhand Legislative Assembly pass a resolution against the Supreme Court's decision making the Teacher Eligibility Test (TET) mandatory for teachers appointed before the Right to Education (RTE) Act, 2009. The association has also announced an indefinite hunger strike from October 22 over the issue.
The association said the Jharkhand government should follow the example of Tamil Nadu and pass a resolution seeking relief for teachers affected by the Supreme Court's order. State President Anup Kesari and General Secretary Ram Murti Thakur said the resolution should be forwarded to the Government of India.
The association has also planned to meet all state ministers to submit a memorandum regarding the issue.
On September 1, 2025, the Supreme Court issued an order requiring teachers who were in service as of March 2015 to clear the TET within two years. The original deadline was August 2027, which was later extended to August 2028.
According to the order, teachers with more than five years of service remaining after September 2025 would face termination if they failed to clear the TET within the prescribed period. Those with less than five years of service remaining could continue in service but would not be eligible for promotion.
The order has reportedly affected around 2.5 million teachers across the country, including approximately 25,000 government teachers in Jharkhand.
Teachers' organisations have argued that the TET requirement should not apply retrospectively to teachers appointed before the RTE Act, 2009.
According to the Teachers' Federation of India, the TET was introduced as a minimum qualification nationwide through an NCTE notification issued on August 23, 2010. The federation maintains that the notification had prospective effect and specifically stated that teachers appointed before its issuance were not required to acquire the new minimum qualification.
The federation has argued that teachers appointed before the RTE Act had already fulfilled the minimum qualification requirements applicable at the time of their appointment. It has questioned how a qualification introduced years later can be applied to their existing service.
The Supreme Court's order has triggered protests among teachers across the country. More than 60 review petitions were reportedly filed before the Supreme Court, while demonstrations were held in Delhi and other states.
On April 4, around 1.5 lakh teachers from across the country participated in a rally at Delhi's Ramlila Maidan under the banner of the Teachers Federation of India.
The Supreme Court did not alter its decision but extended the deadline for clearing the TET from August 2027 to August 2028.
The Teachers' Federation of India has also raised questions about the consistency of the Supreme Court's position on retrospective application of rules.
The federation referred to the August 22, 2026, judgment in RJ Gajendra Kumar vs Government of Tamil Nadu, which it says held that a rule or amendment cannot be applied retrospectively unless explicitly stated.
The federation also pointed to a 2018 Uttar Pradesh case in which teachers appointed before 2010 were exempted from the TET requirement. It further said that a recent interim order by a bench led by the current Chief Justice recognised the 1993 NCTE qualification, rather than TET, for teachers appointed before the RTE Act, 2009.
The federation has therefore argued that the September 2025 order needs to be reconsidered in light of existing laws and earlier judicial decisions.
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Ram Murti Thakur, General Secretary of the Teachers' Federation of India, said the September 2025 verdict goes beyond the qualification standards determined by Parliament.
The federation has urged the Government of India to take cognisance of the issue and pass a parliamentary resolution to address what it describes as inconsistencies in the judgment.
Several state governments have also opposed the decision. Tamil Nadu passed a resolution in August 2026 seeking to exempt teachers from the adverse effects of the order and forwarded it to the Government of India.
The Education Minister of Jammu and Kashmir has also announced that the Jammu and Kashmir Legislative Assembly will pass a resolution opposing the decision and forward it to the Centre. Reports indicate that Telangana and Andhra Pradesh are considering similar steps.
The All Jharkhand Primary Teachers' Association has now sought similar action from the Jharkhand government.
State President Anup Kesari and General Secretary Ram Murti Thakur said the association wants the Jharkhand Legislative Assembly to pass a resolution against the Supreme Court order and send it to the Government of India.
The association will meet state ministers to submit a memorandum on the issue. It has also announced an indefinite hunger strike from October 22, demanding action in favour of teachers affected by the TET requirement.
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