SC Clears ReT Appointments in J&K, Mandates TET Within 3 Years

NEW DELHI, May 3: The Supreme Court of India has allowed the appointment of candidates selected under the Rehbar-e-Taleem (ReT) scheme in Jammu and Kashmir, ruling that the scheme’s closure cannot retrospectively deny them jobs. The Court directed that appointments be made subject to candidates clearing the Teachers Eligibility Test (TET) within three years and a maximum of three attempts.

A bench of Justice J K Maheshwari and Justice Atul S Chandurkar invoked Article 142 of the Constitution to balance the rights of candidates awaiting appointment with the requirement of maintaining teaching standards under the Right to Education framework.

The Court ordered the government to issue engagement orders to all eligible candidates within eight weeks. It also mandated that TET be conducted annually to enable compliance, warning that failure to acquire the required qualifications within the stipulated period could lead to termination of services.

Holding that pending litigation cannot be a ground to deny appointments, the bench termed such classification as arbitrary and violative of Article 14. It said candidates whose names appeared in approved select panels cannot be penalised for circumstances beyond their control.

“Mere pendency of litigation… cannot be made a basis for such classification,” the Court observed, rejecting the government’s stand that only those without pending cases at the time of the scheme’s closure should be appointed.

The Court noted that the objective behind closing the ReT scheme in 2018 was to address irregularities such as fake degrees and forged documents, and said denying appointments based on litigation had no rational link to that objective.

Under the ruling, candidates who clear TET within the prescribed period will have their seniority determined by their original position in the select panel, not by the date of appointment.

The Court clarified that its directions apply to all similarly placed candidates covered under relevant advertisements, even if they were not part of the litigation. However, it emphasised that the order does not revive the ReT scheme or create fresh rights for those not included in select panels.

The ReT scheme, introduced in 2000 to address teacher shortages in remote areas, was formally closed on November 16, 2018, with pending advertisements and select panels cancelled, triggering widespread legal challenges.

Disposing of the matter, the Court said its directions were issued in the peculiar facts of the case under Article 142 and should not be treated as a precedent. (Agencies)