Tamil Nadu Chief Minister M K Stalin has urged Prime Minister Narendra Modi to amend the Right to Education (RTE) Act, 2009, and the National Council for Teacher Education (NCTE) Act, 1993, to protect in-service teachers and ensure their eligibility for promotions.

In a letter to the Prime Minister on Tuesday, Stalin requested amendments to Section 23 of the RTE Act and Section 12A of the NCTE Act, arguing that such changes were necessary to safeguard teachers who were in service as of 23 August 2010.

Stalin said the recent Supreme Court ruling, which requires all in-service teachers without a Teacher Eligibility Test (TET) qualification to acquire it within two years, had created uncertainty. The judgment also held that teachers with less than five years of service remaining would not be eligible for promotions without clearing TET.

He said the NCTE had originally exempted teachers appointed before 23 August 2010 from new qualification requirements, including TET. However, the Supreme Court’s interpretation had made TET mandatory for them as well, overriding earlier exemptions.

According to Stalin, the ruling alters service conditions, affects legitimate expectations of promotion, and places a considerable burden on states. He said nearly four lakh teachers in Tamil Nadu fall under this category, having met all qualification norms at the time of their recruitment and having entered service before TET was introduced in 2011.

He warned that the retrospective application of TET for continuation in service and promotional eligibility could disrupt long-settled service rights and affect the functioning of school systems, as replacing such a large number of teachers is not feasible.

Stalin said the issue affects lakhs of teachers across the country and has implications for the effective implementation of the constitutional right to education under Article 21-A. He urged the Centre to address the matter urgently by issuing suitable amendments.

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