The Jammu and Kashmir Legislative Assembly unanimously passes a resolution seeking statutory changes to the Right to Education Act to protect teachers appointed before October 31, 2019.
The Jammu and Kashmir Legislative Assembly has formally requested the Union Government to amend the Right of Children to Free and Compulsory Education Act, 2009. The move aims to exempt specific teachers from the Teacher Eligibility Test (TET). The resolution, adopted on September 24, 2026, targets educators appointed before October 31, 2019.
Assembly Passes Resolution to Amend RTE Act Section 23
In a significant legislative move, the House unanimously urged the Centre to make necessary statutory amendments to Section 23 of the RTE Act. The resolution was moved by Ms. Sakeena Masood (Itoo), the Hon’ble Minister for School Education. The official communication was forwarded by Manoj Kumar Pandit, Secretary of the Jammu and Kashmir Legislative Assembly Secretariat in Srinagar.
The core demand centers on protecting legacy teachers who were appointed before the cutoff date of October 31, 2019. Under current regulations, clearing the TET is mandatory for all school teachers to maintain their eligibility. The Assembly argues that those hired prior to the specified date should be grandfathered into the system without facing the exam requirement.
NCTE Notification Sought for Immediate Relief
Beyond the statutory amendment, the resolution also urges the Union Government to take all necessary legal steps to issue a requisite notification through the National Council for Teacher Education (NCTE). This dual approach—legislative change and executive notification—aims to provide a swift and comprehensive exemption for the affected educators.
The House formally communicated this decision to the Chief Secretary of the Government of Jammu and Kashmir. The resolution was forwarded for kind information and necessary action, marking a formal request from the state legislature to the central authorities.
- Resolution Passed: J&K Assembly unanimously seeks TET exemption for pre-2019 teachers.
- Target Date: Teachers appointed before October 31, 2019, are covered.
- Legal Route: Amendment to Section 23 of the RTE Act, 2009, requested.
- NCTE Involvement: Notification sought from the National Council for Teacher Education.
- Mover: Resolution moved by Education Minister Sakeena Masood (Itoo).
Official Communication Forwarded to Chief Secretary
The legislative secretariat has dispatched the resolution to key administrative figures. Copies of the communication were sent to the Commissioner Secretary to the Government, Department of Law, Justice and Parliamentary Affairs. Additionally, the Private Secretary/OSD to the Hon’ble Chief Minister and the Private Secretary/OSD to the Hon’ble Minister for School Education were notified for their information.
This administrative follow-through indicates the seriousness with which the Assembly views the matter. By involving the Law Department and the Chief Minister’s office, the legislature is paving the way for the necessary legal drafting and executive push required to enact the exemption.
- Before: All teachers, regardless of appointment date, were required to clear the TET to continue in service.
- After (Proposed): Teachers appointed before 31.10.2019 would be exempted from appearing in the TET, pending a statutory amendment and NCTE notification.
Background of the TET Requirement in Jammu and Kashmir
The Teacher Eligibility Test has been a longstanding requirement for appointments to teaching positions in India. It was introduced to improve the quality of education by ensuring that only qualified candidates enter the profession. However, in regions like Jammu and Kashmir, teachers hired before the implementation of strict TET mandates have faced uncertainty regarding their continued employment.
The resolution passed on September 24, 2026, seeks to resolve this long-standing issue. By distinguishing between appointments made before and after October 31, 2019, the Assembly aims to provide relief to experienced teachers while maintaining the integrity of the eligibility test for future hires.
Next Steps for the Union Government
The ball is now in the court of the Union Government and the NCTE. The resolution requests a two-pronged action: a statutory amendment to the RTE Act and an immediate notification from the NCTE. If accepted, this could set a precedent for other states facing similar issues with legacy teaching staff.
The J&K Legislative Assembly has done its part by passing the resolution. The focus now shifts to the Ministry of Education and the NCTE to assess the legal feasibility of exempting this specific cohort of teachers from the TET requirement.
Frequently Asked Questions (FAQ)
The J&K Legislative Assembly passed a resolution urging the Union Government to amend Section 23 of the RTE Act, 2009, to exempt teachers appointed before October 31, 2019, from appearing in the Teacher Eligibility Test (TET).
The resolution was moved by Ms. Sakeena Masood (Itoo), the Hon’ble Minister for School Education in Jammu and Kashmir.
The exemption is proposed for all teachers who were appointed before October 31, 2019.
The resolution urges the Union Government to issue the requisite notification through the National Council for Teacher Education (NCTE).
The resolution was adopted during the Assembly sitting held on September 24, 2026.
What This Means for Affected Educators
For thousands of teachers in Jammu and Kashmir appointed before the 2019 cutoff, this resolution represents a crucial lifeline. While the resolution itself does not immediately grant the exemption—as it requires central approval and an NCTE notification—it marks the official beginning of the legislative process. Teachers are advised to keep their appointment letters and service records ready, as these will be essential documentation if the exemption is formally notified.
The J&K Assembly’s unanimous stance underscores the political consensus on this issue. The coming weeks will determine whether the Union Government and the NCTE act swiftly to implement the requested changes.
