Supreme Court Questions Whether TET Is Mandatory for Special Educators, Seeks Bihar Government's Reply

"Where is the requirement of TET in your rules?" — Supreme Court asks during hearing on Bihar Special Educator appointments

Supreme Court Seeks Bihar Government's Stand on TET Requirement for Special Educators

The Supreme Court of India on July 28, 2026, questioned whether the Teachers' Eligibility Test (TET) is a mandatory qualification for the appointment of Special Educators in Bihar. The Court directed the Bihar Government to file an affidavit clarifying whether the recruitment rules requiring Rehabilitation Council of India (RCI) certification and TET were amended before the advertisement for Special Educator posts was issued.

A Bench comprising Justice Dipankar Datta and Justice Sheel Nagu was hearing a batch of petitions concerning the appointment of Special Educators across several states, including Bihar.

Supreme Court Questions TET Requirement

During the hearing, the Bench questioned the submission made by the amicus curiae that TET is a mandatory qualification for Special Educators.

Justice Dipankar Datta asked:

"Where is the requirement of TET in your rules?"

The Court observed that the Bihar recruitment rules do not expressly prescribe TET as a qualification for Special Educator posts.

The Bench further remarked that the provision relating to TET applies to school teachers and not necessarily to special school teachers.

"Rule III will not apply because it applies to a school teacher, which does not include a special school teacher."

The Court reiterated that, according to the applicable rules, only the qualifications prescribed by the Rehabilitation Council of India (RCI) would apply to Special Educators.

Petitioners Rely on RCI Affidavit

The petitioners referred to an affidavit filed by the Rehabilitation Council of India (RCI) before the Supreme Court.

According to the affidavit:

• TET is not a mandatory qualification for Special Educators.

• If TET is ever made compulsory, it cannot be the general Teachers' Eligibility Test.

• Instead, it should be a specialised TET designed specifically for teaching children with disabilities.

The dispute before the Court primarily concerns whether TET can legally be insisted upon for recruitment to Special Educator posts in Bihar.

Appointment Figures Presented Before the Court

During the hearing, the amicus curiae informed the Court about the current status of recruitment.

According to the submissions:

• 7,279 Special Educator posts have been sanctioned.

• 816 posts are reserved for contractual teachers.

• Documents of 788 candidates were verified.

• Only 139 candidates possessed both RCI certification and TET qualification.

• The remaining 649 candidates, who did not possess TET qualification, were not recommended for appointment.

Petitioners Seek Appointment Letters

The petitioners informed the Court that:

• Out of the 139 candidates possessing both RCI and TET qualifications, 134 candidates have been appointed.

• The remaining five candidates face certain administrative issues.

• Appointment letters for the 134 selected candidates are pending completion of government formalities, including approval by the Bihar State Cabinet.

The petitioners requested the Supreme Court to direct the State Government to issue appointment letters within four weeks.

Supreme Court Declines to Fix Timeline

The Supreme Court declined to prescribe a fixed deadline for issuing appointment letters.

The Bench observed:

"It all depends on how frequently the cabinet sits."

The Court noted that administrative approval processes vary and therefore refrained from fixing a specific timeline.

Bihar Government Directed to File Affidavit

The Bench directed the Bihar Government to file a detailed affidavit addressing:

• Whether TET is mandatory under the applicable recruitment rules.

• Whether the rules concerning RCI and TET qualifications were amended before issuing the recruitment advertisement.

Although the Bench indicated that it was inclined to pass final orders, the hearing was adjourned after the amicus curiae sought additional time to obtain instructions from the concerned authorities.

Next Hearing on August 4, 2026

The matter has been listed for August 4, 2026.

On the next date, the Supreme Court will also hear matters concerning the appointment of Special Educators in:

• Delhi

• Jharkhand

• Uttarakhand

• Madhya Pradesh

Key Highlights

• Supreme Court questioned whether TET is mandatory for Special Educators in Bihar.

• Bihar Government has been directed to file an affidavit.

• Court observed that Bihar recruitment rules may not require TET for Special Educators.

• RCI affidavit states TET is not mandatory for Special Educators.

• Out of 7,279 sanctioned posts, documents of 788 candidates were verified.

• Only 139 candidates possessed both RCI and TET qualifications.

• Matter will next be heard on August 4, 2026.

Case Details

Case Title: Rajneesh Kumar Pandey v. Union of India & Others

Case Number: Writ Petition (Civil) No. 132 of 2016

Court: Supreme Court of India

Bench: Justice Dipankar Datta and Justice Sheel Nagu