HOSHIAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the present writ petition, the petitioner has challenged the circular dtd. 14/9/2017 (Annexure P-2), along with the consequential promotion orders of Masters who have been promoted despite the fact that they have not passed the mandatory Teaching Eligibility Test (TET), vide impugned order dtd. 12/11/2025 (Annexure P-5) along with the impugned orders dtd. 24/12/2025 (Annexures P-7 to P-13) being contrary to the Sec. 23(2) of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act, 2009) and NCTE notification dtd. 23/8/2010 (Annexure P-1) and also the judgment passed by Hon'ble the Supreme Court in case tilted as "Anjuman Ishaat E.Taleen Trust Vs. The State of Maharashtra and others, 2025 SCC Online SC 1912, dtd. 1/9/2025 (ANNEXURE P-3).

(2.) Learned Senior counsel appearing on behalf of the State, on instructions from Mr. Shashi Garg, Assistant Registrar (Legal) O/o D.S.E (S), Punjab, Mohali, submits that in light of the aforesaid judgment of Hon'ble the Supreme Court, the letter dtd. 14/9/2017 (Annexure P-2) has been withdrawn. Learned counsel further submits that in view of the judgment of Hon'ble the Supreme Court of India in case Anjuman Ishaat E.Taleen Trust (supra), the Department has decided not to proceed to promote the employees in the Master Cadre without compliance of the mandatory requirement of passing the Teachers Eligibility Test and that all eligible teachers, including those who were promoted vide orders dtd. 12/11/2025 (Annexure P-5), 24/12/2025 (Annexures P-7 to P-13) and 5/1/2026 (Annexure P-14), will be promoted if found eligible upon passing the Teachers Eligibility Test.

(3.) In view of the above, learned counsel appearing on behalf of the petitioners submits that in light of the statement given by learned senior counsel appearing on behalf of respondents, the present writ petition be disposed of with a liberty to challenge the above decision of the department, in accordance with law.