India’s Supreme court decision will have far-reaching consequences, not only for teacher qualifications but also for the autonomy of minority-run schools
Newsroom (05/09/2025, Gaudium Press )India’s Supreme Court is deliberating a pivotal issue that could reshape the landscape of education in minority-run institutions, particularly those operated by linguistic and religious groups, including Christian churches. The core question: Should teachers in these schools be required to pass the government-mandated Teacher Eligibility Test (TET)?
On September 1, a two-judge bench referred the matter to a larger Supreme Court panel, citing the complexity of balancing constitutional protections for minority rights with standardized educational regulations. The court’s latest order mandates TET clearance for teachers in non-minority schools, requiring those with more than five years until retirement to pass the test within two years or face termination. Teachers with less than five years of service are exempt, allowing them to continue until retirement without taking the test.
However, the application of the TET to minority-run schools remains unresolved, as it intersects with constitutional guarantees under Articles 29 and 30, which protect the rights of minorities to establish and administer their educational institutions. The court’s decision to escalate the matter to a larger bench reflects the need to reconcile these rights with the broader objectives of the Right to Education (RTE) Act of 2009, which mandates free and compulsory education for children aged 6 to 14 and introduced the TET in 2011 as a minimum qualification for teachers in Grades 1 to 8.
A Decade-Long Dispute
The debate originates from the RTE Act’s requirement that all schools, including those run by minorities, reserve 25 percent of their seats for economically disadvantaged children. Minority institutions, including Christian schools, challenged this provision, arguing it infringed on their constitutional autonomy to manage admissions and teacher appointments. In 2014, the Supreme Court exempted minority-run schools—both state-aided and non-aided—from this reservation mandate, affirming their right to operate independently.
Despite this ruling, several state governments enforced the TET requirement for teachers in minority schools, leading to a patchwork of legal challenges. While some state courts upheld exemptions for minority institutions, others mandated compliance, prompting appeals that culminated in the Supreme Court’s current review. The September 1 order also called for a re-examination of the 2014 exemption, with the two-judge bench expressing “doubt” about its correctness and referring the issue to a larger bench, potentially led by the Chief Justice.
The court seeks clarity on whether the RTE Act violates minority rights and whether minority schools should reserve seats specifically for disadvantaged children from their own communities. Additionally, it will assess whether the Act’s provisions conflict with Article 29(2) of the Constitution, which prohibits discrimination in admissions to state-aided institutions based on religion, race, caste, or language.
Implications for Christian Schools
Christian institutions, which educate approximately 25 million students across India, including through over 50,000 Catholic-run schools, colleges, and universities, are closely monitoring the proceedings. A Catholic school principal, speaking anonymously, emphasized the broader implications: “The court appears to be revisiting the entire framework of minority educational rights enshrined in the Constitution. The Church must carefully assess the potential impact on our mission.”
Father Maria Charles, secretary of the Catholic Bishops’ Conference of India’s Commission for Education, told UCA News on September 3 that most new teacher appointments in Catholic schools already comply with TET requirements. “Only a few may need to clear the test,” he said, declining to elaborate until he reviews the court’s order. Similarly, Father Thankachan Jose, an educationist from Jabalpur diocese, noted that teachers in Church-run schools were instructed to pass the TET following its introduction in 2011. “The test ensures quality education, and we support that goal,” he told UCA News, also reserving further comment pending review of the ruling.
A Balancing Act
The Supreme Court’s referral to a larger bench underscores the delicate balance between educational standardization and the constitutional protections afforded to minority communities. As India’s 2.3 percent Christian population continues to play a significant role in the nation’s education system, the outcome of this case could redefine how minority institutions operate within the framework of national policy.
The court’s final decision will likely have far-reaching consequences, not only for teacher qualifications but also for the autonomy of minority-run schools in shaping their educational missions. For now, stakeholders await the larger bench’s ruling, which could set a precedent for the intersection of minority rights and public education in India.
- Raju Hasmukh with files from UCAN News
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