Empowering Educators: Unpacking Laws, Landmark Judgements, and Rights of Teachers

India celebrates Teachers’ Day, each year on September 5th to honour the tireless dedication and profound influence of educators across the country. Where the world is constantly evolving, teachers play a role of more than instructors, they are mentors, motivators, that mould character. They serve as a steady compass, guiding students through the tides of curiosity, challenge, and change.

Remembering the Legacy

Teachers’ Day is celebrated on the birth anniversary of Dr. Sarvepalli Radhakrishnan, a philosopher, academic, and the second President of India, who believed that “teachers should be the best minds in the country.

When he became the President his students if they could celebrate his birthday, he humbly replied,

“Instead of celebrating my birthday, it would be my proud privilege if 5th September is observed as Teachers’ Day.”

Since 1962, this day has symbolized national gratitude for educators who shape minds and morals. ¹

Dr. Radhakrishnan’s legacy reminds us that education is not merely academic and symbolic, it is civic, reflecting India’s constitutional and policy commitment to education under Article 21A and the Directive Principles of State Policy.

Significance to society

Teachers are the backbone of education, shaping the future of students across the world. From early childhood to higher education, teachers guide individuals through the most formative stages of life, instilling discipline, empathy, and resilience.

In legal education, the role of a teacher transcends the transmission of statutes and case law. Legal education requires it requires the cultivation of analytical reasoning, ethical judgment, and constitutional awareness. A law professor does not merely teach; they challenge assumptions, provoke debate, and cultivate the analytical rigor essential to the practice of law

In classrooms, moot courts, and research seminars, these educators instil the discipline of argumentation, the humility to listen, and the courage to dissent. Their influence extends far beyond the syllabus; they shape the very lens through which future legal professionals view society.

Teachers’ Rights

Individuals like in every other sector, teachers in India are protected by a robust framework of constitutional provisions, statutory laws, and service regulations. Their rights include fair recruitment and promotion procedures, protection against arbitrary transfers, due process in disciplinary actions, and access to retirement benefits such as pension and gratuity. These include:

• Right to fair appointment and promotion

• Protection against arbitrary transfer

• Due process in disciplinary proceedings

• Access to pension, gratuity, and leave benefits

• Freedom from non-academic duties

• Right to professional development and career advancement

FREQUENTLY ASKED QUESTIONS

What are the Laws that govern Teachers?

➢ Right of Children to Free and Compulsory Education Act, 2009 (RTE Act)

• Applies to elementary education (Classes I—VIII).

• Mandates minimum teacher qualifications (Section 23).

• Prohibits deployment of teachers for non-educational tasks (Section 27).

• Enforces pupil-teacher ratios and regular training.

➢ National Council for Teacher Education Act, 1993 (NCTE Act)

• Establishes NCTE as a statutory body.

• Regulates teacher education programs, curriculum, and standards.

• Ensures uniformity in teacher qualifications across states.

➢ University Grants Commission (UGC) Regulations

• Governs appointments, promotions, and service conditions of university faculty.

• Requires NET/PhD qualifications.

• Implements Academic Performance Indicators (‘API’) for Career Advancement Scheme (‘CAS’).

• Defines workload norms and pay scales.

➢ State-Specific Service Rules

Each state has its own rules for Teachers. Few are:

• Bihar State School Teacher Rules, 2023: Teachers treated as state employees; codified rules for appointment, probation, transfer, and discipline.

• Uttar Pradesh Basic Education (Teachers) Service Rules: Regulates recruitment, seniority, and inter-district transfers.

• Maharashtra Education Service Rules: Covers leave, retirement, and disciplinary procedures.

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➢ CBSE Affiliation Bye-Laws

• Applies to teachers in CBSE-affiliated schools.

• Mandates adherence to NCTE norms and RTE provisions.

• Regulates recruitment, training, and evaluation.

➢ Central Civil Services (Conduct) Rules, 1964

• Applicable to teachers in central government institutions.

• Regulates conduct, ethics, and disciplinary procedures.

Are there any Legal Protections for Teachers?

Legal protections for teachers encompass various aspects of their professional life. It includes:

➢ Appointment

• Transparent, merit-based appointment procedures.

• Governed by NCTE norms, state recruitment rules, and UGC guidelines.

• Violations can be challenged under service law and constitutional remedies.

➢ Transfer

• Subject to service rules; reasoned and not punitive.

• Arbitrary transfers can be quashed by High Courts under Article 226.

• States like Bihar and Maharashtra have codified transfer policies.

➢ Disciplinary Proceedings

• Principles of natural justice followed: notice, hearing, and reasoned order.

• Suspension should be justified and not indefinite.

• Teachers have the right to appeal disciplinary actions through departmental and judicial channels.

➢ Service Conditions

• Include pay parity, leave entitlements, pension, and promotional avenues.

• UGC’s CAS governs academic promotions based on performance metrics.

• Teachers are entitled to gratuity under the Payment of Gratuity (Amendment) Act, 2009.

• Workload norms and academic responsibilities are defined by institutional regulations.

What are the Landmark Supreme Court judgements that impact Teachers’ rights?

State of Nagaland v. Amos Seb, (2025) SCC OnLine SC 1223

The Supreme Court affirmed the Gauhati High Court’s directive mandating the State of Nagaland to implement salary parity for teachers under the RMSA scheme.

Ahmedabad Pvt. Primary Teachers’ Assn. v. Administrative Officer, (2004) 1 SCC 755.

The Supreme Court held that teachers were not “employees” under the Payment of Gratuity Act, thereby excluding them from gratuity benefits. This position was later overturned by Payment of Gratuity (Amendment) Act, 2009, which explicitly extended gratuity entitlements to teachers.

State of Karnataka V. Umadevi (3) (2006) 4 SCC 1

This judgment emphasized that appointments in public service must follow due process. It invalidated the regularization of ad hoc teachers who had been appointed without adherence to constitutional norms, reinforcing the sanctity of merit-based recruitment.

Ramesh Ahluwalia v. State of Punjab, (2012) 12 SCC 331

The Supreme Court held that a writ petition under Article 226 is maintainable against a private educational institution if it performs public functions, such as imparting education. However, the Court declined to grant relief in this case due to disputed questions of fact, which were deemed unsuitable for adjudication under writ jurisdiction.

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St. Mary’s Education Society v. Rajendra Prasad Bhargava, 2022 SCC OnLine SC 1091

Clarifying the scope of writ jurisdiction, the Court held that employees cannot invoke Article 226 against private educational institutions for disputes arising from ordinary contracts of service, unless the institution performs a public duty.

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In Anjuman Ishaat-e-Taleem Trust v. State of Maharashtra, the Supreme Court held that minority educational institutions are not exempt from the requirement of TET qualification for teachers, but allowed in-service teachers appointed prior to the RTE Act to clear the test within a stipulated time