High CourtsSingle Bench(2026) 02 P&H CK 1829

Hoshiar Singh And Others vs State Of Punjab And Others

Punjab And Haryana At Chandigarh · Decided on 16 February 2026

HON’BLE JUDGES
Deepinder Singh Nalwa, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 1659 Of 2026 (O&M)

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Judgment

8 paragraphs · 366 words

Deepinder Singh Nalwa, J

1.

In the present writ petition, the petitioner has challenged the circular dated 14.09.2017 (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 dated 12.11.2025 (Annexure P-5) along with the impugned orders dated 24.12.2025 (Annexures P-7 to P-13) being contrary to the Section 23(2) of the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act, 2009) and NCTE notification dated 23.08.2010 (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, dated 01.09.2025 (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in light of the aforesaid judgment of Hon'ble the Supreme Court, the letter dated 14.09.2017 (Annexure P-2) has been withdrawn.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 dated 12.11.2025 (Annexure P-5), 24.12.2025 (Annexures P-7 to P-13) and 05.01.2026 (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.

4.

In view of the above, the present writ petition is disposed of, with the aforesaid liberty.

CM-1518-CWP-2026 and CM-2054-CWP-2026

In light of the order passed by this Court today, learned counsel do not want to press the present applications.

In view of the above, the present applications are dismissed as not pressed.