Madras High Court
The District Elementary ... vs Ganasundari on 26 April, 2021
W.A.(MD)Nos.934 to 936 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)Nos.934 to 936 of 2021
and
C.M.P.(MD)Nos.4256, 4257 & 4259 of 2021
1.The District Elementary Educational Officer,
Tirunelveli District,
Tirunelveli
(Now District Educational Officer Tenkasi).
2.The Block Educational Officer,
Keelapavoor,
Tirunelveli. : Appellants in W.A.(MD)No.934/2021
1.The District Educational Officer,
Tenkasi : Appellant in W.A.(MD)No.935/2021
1.The District Elementary Educational Officer,
Tirunelveli District,
Tirunelveli
(Now District Educational Officer Tenkasi).
2.The Block Educational Officer,
Keelapavoor,
Tenkasi District. : Appellants in W.A.(MD)No.936/2021
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W.A.(MD)Nos.934 to 936 of 2021
Vs.
1.Ganasundari
2.The Correspondent,
R.C. Primary School,
Kandamangalam Pulichikulam,
Tenkasi Taluk,
Tirunelveli District. : Respondents in W.A.(MD)No.934/2021
1.Sharmila Banu
2.The Correspondent,
St.Michael Girls Higher Secondary School,
Tenkasi,
Tenkasi District. : Respondents in W.A.(MD)No.935/2021
1.Jansirani
2.The Correspondent,
R.C. Primary School,
Kandamangalam Pulichikulam,
Tenkasi Taluk,
Tirunelveli District. : Respondents in W.A.(MD)No.936/2021
COMMON PRAYER: Writ Appeals filed under Clause 15 of the Letters
Patent, praying to set aside the common order dated 19.09.2019, in W.P.
(MD)Nos.20194, 20208 & 20211 of 2019 and allow the writ appeals.
For Appellants : Mrs.S.Srimathy
Special Government Pleader
For Respondent No.1 : Mr.D.Venkatesh
[In all Writ Appeals]
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W.A.(MD)Nos.934 to 936 of 2021
COMMON JUDGMENT
**************************
[Common Judgment of the Court was delivered by
T.S.SIVAGNANAM, J.]
With the consent on either side, these Writ Appeals are taken up
for final disposal.
2.Heard Mrs.S.Srimathy, learned Special Government Pleader
appearing for the appellants and D.Venkatesh, learned Counsel appearing
for the first respondent.
3.These appeals have been filed by the State challenging the
common order dated 19.09.2019. The respondents / writ petitioners
prayed for direction upon the appellant department to approve and
sanction increment for every year from 04.10.2012, 29.02.2016 &
10.01.2012, respectively and to refix their salary on par with the
recommendations of the VII Pay Commission in the post of Secondary
Grade Teacher in the respective schools were they were functioning.
4.The writ petitions were disposed of by common order dated
19.09.2019. On a reading of paragraph No.8 of the order, it is seen that
the learned Writ Court had directed the representations given by the
respondents / writ petitioners to be considered and to pass orders on
merits and in accordance with law. The Government being aggrieved by
the same is before this Court by way of these appeals.
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W.A.(MD)Nos.934 to 936 of 2021
5.The learned Special Government Pleader appearing for the
appellants submitted that if the argument that Teachers Eligibility Test
(TET) is made applicable to minority institutions is to be accepted then,
there will be discrimination amongst the teachers in minority institutions
and the teachers working in non-minority institutions, who are similarly
placed will be loosing their employment, if they do not qualify in the
Teachers Eligibility Test. Relying upon the decision in the case of T.M.A
Pai Foundation Vs. State of Karnataka reported in 2002 8 SCC 481,
it is submitted that the Government has authority to prescribe the
qualification of teachers and the same would be applicable to minority
institutions also. With regard to the decision of the Hon'ble Supreme
Court, there is a reference made to the validity to Clause 5 of Article 15
of the Constitution and the amendment to Article 21(A) with effect from
01.04.2010 and when the amendments were to be not questioned, the
Hon'ble Supreme Court has held that directions cannot be issued which
will have an effect of altering the basic structure of the situation.
Further, it is submitted that in the said decision, the Hon'ble Supreme
Court has decided the issue whether the Teachers Eligibility Test (TET) is
applicable to minority institutions or not.
6.In our considered view, we are not required to examine the
merits of the matter in the instant case as the learned Writ Court had
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W.A.(MD)Nos.934 to 936 of 2021
only directed the representations submitted by the respondent to be
considered on merits and in accordance with law. However, we note that
in paragraph No.8, there is a direction to the appellants to forward the
proposal which in our considered view is incorrect because the
department has been directed to consider the representation on merits
and in accordance with law and they will pass an order and communicate
to the writ petitioners. Therefore, with a slight modification, we shall
dispose of the appeal.
7.Accordingly, the Writ Appeals are partly allowed and the order
and direction in paragraph No.8 is modified by directing the appropriate
appellant / department to consider the representations of the petitioners
and pass orders on merits and in accordance with law within a period of
twelve [12] weeks from the date of receipt of a copy of this order.
However, there shall be no order as to costs.
[T.S.S., J.] & [S.A.I., J.]
26.04.2021
Index : Yes / No
Internet : Yes / No
MR
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.
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W.A.(MD)Nos.934 to 936 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
MR
COMMON JUDGMENT MADE IN
W.A.(MD)Nos.934 to 936 of 2021
26.04.2021
https://www.mhc.tn.gov.in/judis/
