State of U.P. vs Anjuman Ishaat-E-Taleem Trust 2026 INSC 597 - TET Qualification -RTE

Constitution of India — Article 21A — Right of Children to Free and Compulsory Education Act, 2009 - Section 23 - Extension of Time for TET Qualification —Review petition against State of U.P. vs Anjuman Ishaat-E-Taleem Trust 2026 INSC 597 - To make the verdict in Anjuman inoperative based on the contention that several thousands of teachers would be rendered out of service as a consequence thereof would mean that teachers who do not possess the TET qualification would continue in service, impacting the educational future of generations to come. The RTE Act is a child centric legislation and must be read so. Service of teachers cannot come at the cost of educational future of the children.  (Para 28) TET is not only a mandatory eligibility requirement but it is a constitutional necessity flowing from the right to quality education under Article 21A. The provisions of Section 23 cannot be seen as resulting in imposition of a new condition of service.- [Context: While refusing to review the judgment in Anjuman, SC extended the timeline for in-service teachers to acquire the TET qualification from 2 (two) to 3 (three) years, i.e., the qualification has to be obtained by 31st August, 2028 instead of 31st August, 2027, as originally directed. (Para 33)]

Civil Procedure Code, 1908 -Order XLVII Rule 1 - Review Jurisdiction — Scope of Review — — A plea for review cannot be entertained unless the first judicial view suffers from a patent error apparent on the face of the record — A mere possibility of two interpretations or an alleged incorrect interpretation of a statutory provision does not constitute a valid ground for review — (Para 5).