Aazan Manzoor
Srinagar, Feb 26 (JKNS): The Jammu and Kashmir School Education Department on Thursday kept in abeyance its earlier order designating the Jammu and Kashmir Board of School Education (JKBOSE) / State School Standards Authority (SSSA) as the Nodal Agency for conducting the Teachers Eligibility Test (TET) in the Union Territory.
The move comes after Education Minister Sakina Itoo on Wednesday said that the TET order issued by Secretary SED will not be implemented in J&K and J&K will be last to implement it.
According to Government Order issued by Secretary SED a copy of which lies with news agency JKNS, the previous Government Order No. 82-JK (Edu) of 2026 dated 23-02-2026 has been put on hold till further orders.
The directive was issued by the Secretary School Education Department in light of the judgment dated 01.09.2025 passed by the Hon’ble Supreme Court of India in Civil Appeal No. 1385/2025 titled Anjuman Ishat-E-Taleem Trust vs State of Maharashtra & Ors.
The earlier order had designated JKBOSE/SSSA as the nodal agency responsible for conducting TET examinations across Jammu and Kashmir in compliance with regulatory and legal requirements.
It has been ordered that a detailed schedule for conduct of the TET examination shall be developed and notified.
The JKBOSE/SSSA has further been directed to coordinate with NIC, the School Education Department, Higher Education Department, Home Department and other concerned authorities for logistical, technical and security arrangements required for smooth conduct of the examination.
The order mandates that the syllabus and examination standards shall be aligned with the guidelines of the National Council for Teacher Education (NCTE), with suitable contextual modifications in accordance with J&K’s curriculum plan and scheme of studies.
The Secretary, JKBOSE/SSSA has also been directed to furnish a comprehensive Action Plan, including timelines and preparatory status, to the School Education Department within the shortest possible time.
The Action Plan approved in the meeting chaired by the Chief Secretary, J&K on 30.10.2025 provides that JKBOSE shall function as the examination conducting agency. Online examination forms shall be received through a software module developed by NIC and integrated with the JKBOSE website.
The examination centres shall be established at district headquarters and at the twin capital cities of Srinagar and Jammu.
Invigilation staff shall comprise +2 lecturers of the School Education Department and Assistant Professors of the Higher Education Department with known integrity.
Security arrangements shall include deployment of Gazetted Officers as observers, installation of jammers, police assistance and imposition of restrictions under Section 163 of BNSS wherever required.
The syllabus for the TET shall be based on NCTE’s CTET syllabus with minor modifications suited to J&K’s curriculum framework.
The timeline approved in the order specifies that the entire examination process shall be completed within two years.
The order has been issued “By order of the Government of Jammu and Kashmir” through the Secretary, School Education Department.
The Government order records that it has been issued with reference to the judgment dated 01.09.2025 passed by the Hon’ble Supreme Court of India in Civil Appeal No. 1385/2025 and connected matters titled Anjuman Ishat-E-Taleem Trust V/s State of Maharashtra & Ors.
Under the heading “VIII. Order on Applicability of the TET to In-Service Teachers,” the Supreme Court in Para 214 held that provisions of the Right to Education (RTE) Act are required to be complied with by all schools as defined under Section 2(n) of the Act, except schools established and administered by minority institutions — religious or linguistic — till such time the reference is decided by a Larger Bench. The Court observed that in-service teachers, irrespective of length of service, are required to qualify the TET to continue in service.
In Para 215, the Court acknowledged that many teachers were recruited prior to the enactment of the RTE Act and had rendered long years of service without serious complaint, but clarified that statutory compliance cannot be avoided.
In Para 216, invoking powers under Article 142 of the Constitution of India, the Court directed that teachers having less than five years of service left as on the date of judgment may continue till superannuation without qualifying the TET. However, such teachers shall not be eligible for promotion unless they qualify the TET.
In Para 217, the Court directed that in-service teachers recruited prior to enactment of the RTE Act and having more than five years remaining before retirement shall be under obligation to qualify the TET within two years in order to continue in service. In case of failure, such teachers shall have to quit service and may be compulsorily retired with admissible terminal benefits, subject to qualifying service rules. The Court added that if any teacher has deficiency in qualifying service, representation may be made to the appropriate Government department.
Para 218 reiterates that those aspiring for appointment and those seeking promotion must mandatorily qualify the TET, failing which they shall have no right of consideration of candidature.
The order further records that the matter was referred to the Department of Law, Justice and Parliamentary Affairs, UT of J&K for opinion. Vide U.O No. LAW-LIT4/1155/2025-10 dated 24.10.2025, the Law Department clarified that the Supreme Court judgment operates as a judgment in rem and applies to all similarly placed in-service teachers in non-minority educational institutions.
The Law Department further clarified that under Article 141 of the Constitution of India, the judgment is binding throughout the territory of India, including the UT of J&K.
It was also opined that TET qualification is mandatory for teachers in both government and private schools, including registered institutions, and that the School Education Department is required to proceed against unregistered institutions in accordance with law.
The legal opinion further stated that the requirement of TET is applicable to teachers appointed before and after the introduction of TET under the RTE scheme, except those having less than five years of service left.
Minority institutions have been held temporarily exempt from the TET requirement till the reference pending before the Larger Bench of the Supreme Court is decided.
With issuance of this order, the Government has set in motion the complete operational framework for conduct of TET in the Union Territory in strict adherence to the Supreme Court mandate.
Fresh order by the secretary SED reads, “The Government Order No. 82-JK (Edu) of 2026 dated 23-02-2026 regarding the above subject, is hereby kept in abeyance, till further orders.” (JKNS)
