Prayagraj. Allahabad High Court has rejected the demand for inclusion of Shikshamitras in the Special Teacher Eligibility Test (TET). The single bench of Justice Manju Rani Chauhan, while rejecting the petitions of Wasim Ahmed and 220 other Shikshamitras, made it clear that mere eligibility to appear in General TET does not confer the right to appear in Special TET. The Court considered the legal status of Shikshamitras to be different from that of serving teachers and said that classification based on legitimate purpose cannot be said to be a violation of Articles 14 and 16 of the Constitution.
Advertisement for the exam was released on September 3
The state government had issued a government order on September 2, 2026, directing the Uttar Pradesh Education Service Selection Commission to conduct special TET. The advertisement for the examination was released the next day i.e. on 3rd September. The examination is proposed from November 3, 2026. The petitioners said that they have been teaching in council primary and upper primary schools for about 26 years, hence they should also get an opportunity to appear in this examination.
Shiksha Mitras raised the demand for equal opportunities
It was argued on behalf of the petitioners that in the Special TET, teachers of local bodies, teachers of institutions recognized by the State Government or Basic Education Council, teachers of aided schools and special teachers working on contract and daily wages for children with special needs have been given the opportunity. In such a situation, it is not appropriate to keep Shiksha Mitras working in schools for a long time apart from it.
The petitioners appealed to the Supreme Court Anjuman Ishaat-e-Taleem Trust vs Maharashtra The instructions given regarding TET were also cited in the matter. He said that when serving teachers have been given the opportunity to pass TET in the stipulated period, then Shikshamitras should also be allowed to appear in the special TET.
Government and Commission pointed out the legal difference
On behalf of the State Government and the Education Service Selection Commission, it was said in the court that the provision of Special TET has been made in compliance with Section 23 of the Right to Education Act and the instructions of the Supreme Court. Its objective is to give an opportunity to the teachers already in government service to acquire the necessary eligibility within the prescribed time frame.
The government's argument was that Shikshamitras do not fall in the same legal category as regular teachers. General TET has been held on 2nd, 3rd and 4th July 2026, in which about 19.95 lakh candidates had applied. Its result was released on 26 August. According to the Government, the petitioners could have participated in the general TET, but they did not participate in it.
what did the court say
The High Court acknowledged that the government order of September 2 has been issued in accordance with Section 23 of the Right to Education Act and the binding instructions of the Supreme Court. According to the court, the classification made between serving teachers and other categories of people is on a clear legal basis and its purpose is also legitimate.
The court also clarified that Special TET does not give any person the right of appointment, but provides an opportunity to already serving eligible teachers to complete the required qualification within the prescribed period. Therefore, Shikshamitra cannot claim to appear in Special TET on the basis of being eligible for General TET.