Madras High Court
A.Pushpalatha vs The District Educational Officer on 23 April, 2021
W.P.(MD) No.8452 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.04.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P.(MD) No.8452 of 2021
A.Pushpalatha ... Petitioner
-Vs-
1.The District Educational Officer,
Thoothukudi @ Pudukottai,
Thoothukudi District.
2.The Block Educational Officer,
Srivaikundam,
Thoothukudi District.
3.The Correspondent,
R.C.Middle School,
Sebathaiapuram,
Srivaikumtam Taluk,
Thoothukudi District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, directing the first respondent
herein to disburse the yearly increments and all other monetary benefits
to the petitioner w.e.f. Date of appointment I.e., 24.06.2013.
For Petitioner : Mr. A.Ajith Geethan
For R1 & R2 : Mr.N.Shanmugaselvam
Additional Government Pleader
1/10
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W.P.(MD) No.8452 of 2021
ORDER
This Writ Petition is filed to direct the first respondent herein
to disburse the yearly increments and all other monetary benefits to the
petitioner w.e.f., the date of appointment i.e., 24.06.2013.
2.Mr.N.Shanmugaselvam, learned Additional Govenrment
Pleader takes notice on behalf of the respondents. By consent of both
parties, this Writ Petition is taken up for final disposal at the stage of
admission itself.
3. The petitioner is working as B.T.Assistant (Science) in the
third respondent School, which is a recognised aided minority
educational institution. The petitioner was appointed as B.T.Assistant
(Science) in a sanctioned vacancy with effect from 24.06.2013. She has
not passed Teachers Eligibility Test and hence, her approval for
appointment was denied. Therefore, the petitioner filed a writ petition
in W.P(MD)No.22084 of 2015. This Court, by order, dated 24.08.2016
allowed the writ petition, directing the first respondent to approve the
appointment of the petitioner as B.T.Assistant from the date of
appointment. As per the order of this Court, the first respondent
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W.P.(MD) No.8452 of 2021
approved the appointment of the petitioner, by the proceedings, dated
22.11.2017.
4. The learned counsel for the petitioner submitted that the
petitioner was paid only salary but was not given yearly increment by
the respondents 1 & 2. Once the appointment is approved, the teacher
is entitled to all other monetary benefits. Hence, the third respondent
School submitted several representations to the respondents 1 & 2,
requesting to disburse the yearly increment to the petitioner. Finally,
on 21.10.2020 the third respondent School sent representation to the
first respondent through second respondent requesting to disburse the
yearly increment to the petitioner. The respondents 1 & 2 have not
passed any orders on the representation submitted by the school. In
pursuance of Right of Children to Free and Compulsory Education Act,
2009, pass in “Teachers Eligibility Test” was prescribed as an additional
qualification for appointment of Teachers, vide G.O.(Ms) No.181 (School
Education (C2) Department), dated 15.11.2011. As regards, the
applicability of the Right of Children to Free and Compulsory Education
Act, 2009, to minority educational institutions are concerned, the
Hon'ble Supreme Court in Pramati Educational Cultural Trust and
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W.P.(MD) No.8452 of 2021
others vs Union of India reported in 2014(4) MLJ 486(SC) has
categorically held that the Right of Children to Free and Compulsory
Education Act, 2009 is ultra vires and the same cannot be applied to
minority educational institutions. Therefore, the qualification of pass in
“Teacher Eligibility Test” prescribed in pursuance of Right of Children
to Free and Compulsory Education Act, 2009, cannot be made
applicable to minority educational institutions. The Principal Bench of
this Hon'ble Court, by order, dated 24.08.2016, in a batch of Writ
Petitions and W.A.Nos.213 & 572 of 2016 held that G.O(Ms) No.181,
School Education (C2) Department, dated 15.11.2011, is not applicable
to minority educational institutions and therefore, directed to approve
the appointments made in the minority educational institutions. As
such, the petitioner is entitled for yearly increment without pass in
“Teachers Eligibility Test” as per the aforesaid order passed by this
Court. The petitioner was appointed as B.T.Assistant in the sanctioned
post and she is entitled to yearly increment and hence, she has come out
with the present writ petition for the above stated relief.
5. Heard the learned counsel appearing for the petitioner and
the learned Additional Government Pleader appearing for the
respondents.
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W.P.(MD) No.8452 of 2021
6. From the above contention, it is seen that according to the
petitioner, even though the third respondent has sent request on
21.10.2020 to the first respondent through second respondent to
disburse the yearly increments to the petitioner, the second respondent
informed the petitioner orally that yearly increment has not been
disbursed to her as she has not passed Teachers Eligibility Test. But, no
such order was passed by the second respondent in writing. In any
event, the respondents 1& 2 have not passed any orders on the request
and remainders of the third respondent. The similar issue was
considered by this Court in W.P(MD) No.23701 of 2019, vide order,
dated 11.11.2019. After considering the order dated 26.07.2018 made
in W.P (MD) No.16428 of 2018, this Court granted relief to the
petitioner therein. The relevant portion of the order reads as follows:-
“3. The case of the petitioner is that the fifth
respondent School is a recognized minority aided School
and the petitioner was appointed as Secondary Grade
Teacher in the fifth respondent School, in the sanctioned
post. As such, the fifth respondent sent the proposals for
appointment to the third respondent through fourth
respondent, for approval and the same was approved and
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W.P.(MD) No.8452 of 2021
the monthly salary of the petitioner was alone disbursed,
but, the respondents failed to confer all service benefits to
the petitioner, for which, a proposal dated 10.07.2017 was
sent by the fifth respondent to the fourth respondent. The
same was not considered, for non-compliance of TET
qualification. Hence, the writ petitioner is before this
Court with the above said prayer.
4. The learned counsel appearing for the petitioner
submitted that in similar circumstances, this Court, by
order, dated 26.07.2018 in W.P(MD)No.16428 of 2018, at
paragraph Nos.7 and 8 held as follows:-
“7.In this case also, the petitioner was
appointed in the fourth respondent School,
which is admittedly a recognised minority
aided School. The appointment also has been
made within the sanctioned strength and the
petitioner claimed that, he is having every
qualification to hold the post. When that being
the position, as no other reason has been
given in the impugned order, except the
reason of TET qualification, that too, citing
the reason that, no guidelines given by the
first respondent/Director to the lower level
approving authorities to approve such
appointment without TET qualification, this
Court is of the firm view that the impugned
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W.P.(MD) No.8452 of 2021
order cannot be sustained and it is liable to be
quashed.
8.In the result:-
(i) the impugned order is quashed and
the Writ Petition is allowed;
(ii) the matter is remitted back to the
respondents, especially, the second
respondent, who shall pass necessary orders
with regard to the grant of approval to the
petitioner's appointment, as no other
impediment has been cited in the impugned
order, except the guidelines to be issued by
the Director for making approval of the
Teachers, who have been appointed in the
minority aided School without TET
qualification;
(iii) Such orders of approval shall be
passed within a period of four weeks from the
date of receipt of a copy of this order; and
(iv) It is needless to mention that, once
the approval is given, the petitioner is entitled
to get all service and monetary benefits, as
per the eligibility and the same shall also be
paid to the petitioner forthwith.”
5. This Court is of the view that the aforesaid
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W.P.(MD) No.8452 of 2021
order holds good in favour of the petitioner herein, as she
was appointed in the fifth respondent School, which is
admittedly a recognised minority aided School; the
appointment has also been made within the sanctioned
strength; the petitioner claimed that she is having the
required qualification to hold the said post.”
7. In the present case, the petitioner was regularised as per
the order of this Court and passing in Teachers Eligibility Test is not
mandatory for the Teacher appointed in the minority institution, as per
the judgment in Pramati Educational Cultural Trust and others vs.
Union of India reported 2014 (4) MLJ 486 (SC).
8. For the above reasons, the writ petition is allowed. The third
respondent is directed to resubmit the proposal to the respondents
1 & 2 within a period of two (2) weeks from the date of receipt of a copy
of this order. On receipt of such proposal, the respondents 1 & 2 are
directed to consider the proposal of the third respondent, for disbursing
the yearly increment and other monetary benefits to the petitioner with
effect from the date of appointment i.e., on 24.06.2012 and pass orders
on merits and in accordance with law.
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W.P.(MD) No.8452 of 2021
9. In the result, the writ petition is allowed. No costs.
Index : Yes / No
Internet: Yes / No 23.04.2021
am
Note :
In view of the present lock down owing to
COVID-19 pandemic, a web copy of the
order may be utilized for official
purposes, but, ensuring that the copy of
the order that is presented is the correct
copy, shall be the responsibility of the
advocate / litigant concerned.
To
1.The District Educational Officer,
Thoothukudi @ Pudukottai,
Thoothukudi District.
2.The Block Educational Officer,
Srivaikundam,
Thoothukudi District.
https://www.mhc.tn.gov.in/judis/
W.P.(MD) No.8452 of 2021
V.M.VELUMANI,J.
am
W.P.(MD)No.8452 of 2021
23.04.2021
https://www.mhc.tn.gov.in/judis/
