TET Mandatory for All Teachers, Minority Institution Approvals Subject to Supreme Court Reference: Madras High Court Disposes Appeal with Observations

1. Case Snapshot

Case Name: The Commissioner of School Education & Ors. vs D. Buela Priyadharshini & Ors

Citation: W.A.No.1624 of 2026

High Court: High Court of Judicature at Madras

Bench: Hon'ble Mr. Justice S.M. Subramaniam and Hon'ble Mr. Justice N. Senthilkumar

Date of Judgment: 23rd June, 2026 (Order copy issued on 29.06.2026)

Area of Law: Education Law, Constitutional Law, Service Law, Teachers Eligibility Test (TET), Minority Institutions

2. Judgment in Brief

The Madras High Court disposed of a writ appeal filed by the School Education Department challenging the approval of appointment of a teacher in a minority institution without Teachers Eligibility Test (TET) qualification. The Court held that TET is a mandatory qualification for appointment of all teaching staff, and there cannot be any discrimination in educational qualifications between teachers in minority and non-minority institutions. However, since the Supreme Court has made a reference to a Constitution Bench on the applicability of TET requirements to minority institutions, the Court directed that any approval granted to teachers in minority institutions shall be subject to the final outcome of the reference. The Court relied on the Supreme Court's judgment in Anjuman Ishaat-E-Taleem Trust v. State of Maharashtra (2025 INSC 1063), which declared TET as mandatory and held that prescription of different qualifications for minority and non-minority institutions is unconstitutional. The writ appeal was disposed of with these observations.

3. Relevant Facts

The Appointment

• Respondent No. 1, D. Buela Priyadharshini, was appointed as B.T. Assistant (Tamil) at CSI Northwick Girls Higher Secondary School, Royapuram, Chennai.

• The school is a minority institution run by the CSI Diocese of Madras.

• The teacher did not possess the Teachers Eligibility Test (TET) qualification.

• The writ court (Single Judge) approved the appointment vide order dated 14.12.2023 in W.P.No.7536 of 2022.

The Appeal

• The Commissioner of School Education and other educational authorities filed the present writ appeal challenging the order of the Single Judge.

• The appellants contended that TET qualification is mandatory for appointment of all teaching staff.

Supreme Court Developments

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