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Supreme Court of India
Constitutional Law

Supreme Court Bars Appointment or Absorption of Teachers Lacking RTE, NCTE or UGC Qualifications Pending PIL

Published: · NyayVidhan

In an interim order on a writ petition, a three-judge Bench of the Supreme Court headed by the Chief Justice directed that no teacher be appointed or absorbed in schools or colleges unless they hold the qualification prescribed under the RTE Act, 2009, the NCTE Act, 1993 or the UGC Act, 1956, until further orders (para 3). Notice was issued, returnable on 28.09.2026 (para 1).

Supreme Court Bars Appointment or Absorption of Teachers Lacking RTE, NCTE or UGC Qualifications Pending PIL
File photo: Supreme Court of India, New Delhi Photo: Subhashish Panigrahi Source: Wikimedia Commons Licence: CC BY-SA 4.0

Judgment Intelligence

Other
Rajesh Chauhan & Anr. v. Union of India & Ors.
W.P.(C) No. 1102/2026
Court
Supreme Court of India
Date of Decision
8 September 2026
Bench
Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana
Relevant Acts & Sections
Right of Children to Free and Compulsory Education Act, 2009; National Council for Teacher Education Act, 1993; University Grants Commission Act, 1956
Final Outcome

Interim direction issued; notice returnable on 28.09.2026 (paras 1-3).

Source Supreme Court of India (sci.gov.in), decided 08.09.2026

Key holdings

  1. No teacher may be appointed or absorbed in schools or colleges without the qualification prescribed under the RTE, NCTE or UGC Acts, till further orders (para 3).
  2. Notice was issued, returnable on 28.09.2026, with dasti service permitted (paras 1-2).

Judgment digest by NyayVidhan: a summary of the court's judgment, not its text. The judgment itself is the authoritative version.

Brief Facts

Rajesh Chauhan and another filed a writ petition, W.P.(C) No. 1102/2026, which came before the Bench of the Chief Justice, Joymalya Bagchi J. and V. Mohana J. on 08.09.2026. The one-page record of proceedings does not set out the petition's grounds; it records only that the Court passed the order after hearing the petitioners' counsel, with no appearance noted for the respondents (paras 1-3).

Court's Findings

The order records no reasons. The Court issued notice returnable on 28.09.2026 and permitted dasti service in addition (paras 1-2). As an interim measure, it directed that no teacher shall be appointed or absorbed in schools or colleges unless the candidate possesses the qualification prescribed under the Right of Children to Free and Compulsory Education Act, 2009, the National Council for Teacher Education Act, 1993 or the University Grants Commission Act, 1956, till further orders (para 3). The direction speaks of appointment and absorption; it says nothing about teachers already in service (para 3).

Legal Principle

This is an interim order and settles no question of law. Until further orders, appointment or absorption of teachers in schools and colleges is confined to candidates holding the qualifications prescribed under the RTE, NCTE and UGC Acts (para 3).
NyayVidhan
Court Judgments · 2 min read
Decided: September 8, 2026 Chief Justice Surya Kant, Justice Joymalya Bagchi and Justic...
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