Synopsis

The petitioners challenged Rule 8 of the U.P. Subordinate Educational (Trained Graduate Grade) Service Rules, 1983, as amended on 30th January 2025, on the ground that it omitted the mandatory qualification of passing the Teacher Eligibility Test (TET) for appointment as Assistant Teacher (Trained Graduate Grade) for classes VI to VIII. The NCTE had been authorised under Section 23(1) of the Right of Children to Free and Compulsory Education Act, 2009 to lay down minimum qualifications for teachers. By notification dated 23rd August 2010, the NCTE mandated TET (pass) as an essential qualification for teachers of classes I to VIII. Despite this, the U.P. Rules did not include TET for recruitment of Trained Graduate Teachers. The State admitted that there were 904 institutions where classes VI to XII were taught, meaning teachers recruited under the Rules would necessarily teach classes VI to VIII without having passed TET. The High Court held that the omission made Rule 8 ultra vires Section 23 of the 2009 Act. The Court directed the State to insert TET (pass) as a requisite qualification in Rule 8 and directed the Public Service Commission to issue a corrigendum clarifying that the recruitment advertisement dated 28th July 2025 was for classes IX and X only. The writ petitions were allowed.

Court: High Court of Judicature at Allahabad

Coram: Honourable Arindam Sinha, J. and Honourable Prashant Kumar, J.

Date of Judgment: Not specified in the provided text (likely April 2026; the file name suggests 2026)

Citation: 2026:AHC:71043-DB (Writ - A No. 11604 of 2025 and Writ - A No. 18038 of 2025)

Core Law: Right of Children to Free and Compulsory Education Act, 2009 – Section 23(1); National Council for Teacher Education (NCTE) notifications dated 23.08.2010 and 12.11.2014; Uttar Pradesh Subordinate Educational (Trained Graduate Grade) Service Rules, 1983 – Rule 8 (as amended by 6th amendment dated 30.01.2025)

2. Legal Framework

Major laws and provisions involved

• Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) – Section 23(1): empowers the appropriate government to prescribe qualifications for teachers; sub-section (1) authorises the NCTE as the academic authority to lay down minimum qualifications.

• National Council for Teacher Education (NCTE) notification dated 23rd August 2010 – issued under Section 23(1) of the RTE Act, mandating that a person must possess TET (pass) in addition to other qualifications for appointment as a teacher for classes I to VIII.

• NCTE notification dated 12th November 2014 – mandated educational qualifications for recruitment of teachers for classes IX and X.

• U.P. Subordinate Educational (Trained Graduate Grade) Service Rules, 1983 – Rule 8 as amended by the 6th amendment dated 30th January 2025; the offending rule omitted TET as a qualification.

• Constitution of India, 1950 – Article 226 (writ jurisdiction).

Key legal principles applied

Supremacy of statutory qualifications under the RTE Act: The RTE Act is a central legislation enacted to provide free and compulsory education to children. Section 23(1) empowers the NCTE to lay down minimum qualifications for teachers. Any state rule prescribing qualifications for teachers that

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