Madras High Court
D.Sarojini vs The District Educational Officer on 30 April, 2021
W.P.(MD) No.8465 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.04.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P.(MD) No.8465 of 2021
D.Sarojini ... Petitioner
-Vs-
1.The District Educational Officer,
Valliyur,
Tirunelveli District.
2.The Chief Educational Officer,
Palayamkottai,
Tirunelveli District.
3.The Correspondent,
Amir Jamal Higher Secondary School,
Idyankulam,
Padmaneri Post Office,
Tirunelveli District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, directing the first and second
respondents to sanction the annual increment with all attendant
benefits to the petitioner from 04.12.2013 onwards with all
consequential benefits by considering the representation given by the
petitioner dated 11.03.2021.
1/10
https://www.mhc.tn.gov.in/judis/
W.P.(MD) No.8465 of 2021
For Petitioner : Mr. E.Marees Kumar
For R1 & R2 : Mr.C.M.Mari Chelliah Prabhu
Additional Government Pleader
ORDER
This Writ Petition is filed to direct first and second respondents
to sanction the annual increment with all attendant benefits to the
petitioner from 04.12.2013 onwards with all consequential benefits, by
considering the petitioner's representation, dated 11.03.2021.
2.Mr.C.M.Mari Chelliah Prabhu, learned Additional
Govenrment Pleader takes notice on behalf of the first and second
respondents. By consent of both parties, this Writ Petition is taken up
for final disposal at the stage of admission itself.
3. The petitioner was appointed in the third respondent school,
namely, Amir Jamal Higher Secondary School, which is a Religious
Minority Educational Institution, as Tamil Pandit on 04.12.2013 and
now, she is working as B.T. Assistant (Tamil) in the said School. As per
G.O.(Ms)No.181, School Education Department, dated 15.11.2011,
Teachers Eligibility Test (TET) is mandatory for all the schools except
Minority Educational Institutions.
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W.P.(MD) No.8465 of 2021
4. According to the petitioner, the third respondent has sent a
proposal dated 16.12.2013 to the respondents 1 & 2 for approving the
appointment of the petitioner. The said proposal was rejected on the
ground that she has not passed Teachers Eligibility Test. Hence, the
petitioner filed W.P(MD)No.21484 of 2015 and M.P.(MD)No.1 of 2015.
This Court, by order dated 02.12.2015, in M.P.(MD)No.1 of 2015 in W.P.
(MD)No.21484 of 2015, directed the second respondent therein to give
temporary approval for the appointment of the petitioner as Tamil
Pandit in the third respondent School, against which, the Writ Appeal in
W.A.(MD)No.696 of 2016, preferred by the respondents, was also
disposed of in favour of the petitioner. Therefore, the first respondent
passed an order dated 20.02.2017, releasing the petitioner's salary from
the date of her appointment i.e 04.12.2013. Though the petitioner was
sanctioned with salary, yearly increments payable to her has not been
paid so far. In this regard, the petitioner has submitted a detailed
representation to the respondent on 11.03.2021 and the same is kept
pending without any progress.
5. The learned counsel appearing for the petitioner submitted
that the petitioner was paid with only salary, but was not given yearly
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W.P.(MD) No.8465 of 2021
increments by the respondents 1 & 2. Once the appointment is
approved, the teacher is entitled to all other monetary benefits. Though
the appointment of the petitioner was approved w.e.f. 04.12.2013, the
respondents 1 and 2 have not sanctioned the yearly increments. In
pursuant to the 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 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,
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W.P.(MD) No.8465 of 2021
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 increments and hence, she has come
out with the present writ petition for the above stated relief.
6. Heard the learned counsel appearing for the petitioner and
the learned Additional Government Pleader appearing for the
respondents.
7. From the above contentions, it is seen that according to the
petitioner, even though the third respondent has sent request on
16.12.2013 itself to the first and second respondents to disburse the
yearly increments to the petitioner, the second respondent informed the
petitioner orally that yearly increments have 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
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W.P.(MD) No.8465 of 2021
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 said 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
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
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W.P.(MD) No.8465 of 2021
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
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
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W.P.(MD) No.8465 of 2021
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
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.”
8. In the present case, the petitioner was regularised as per
the order of this Court and a pass in Teachers Eligibility Test is not
mandatory for the Teachers appointed in the minority educational
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W.P.(MD) No.8465 of 2021
institutions, as per the judgment of the Hon'ble Apex Court in Pramati
Educational Cultural Trust and others vs. Union of India reported
in 2014 (4) MLJ 486 (SC).
9. 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 increments and other monetary benefits to the petitioner with
effect from the date of her appointment and pass orders on merits and
in accordance with law. No costs.
Index : Yes / No
Internet: Yes / No 30.04.2021
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.
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W.P.(MD) No.8465 of 2021
V.M.VELUMANI, J.
am /smn2
To
1.The District Educational Officer,
Valliyur,
Tirunelveli District.
2.The Chief Educational Officer,
Palayamkottai,
Tirunelveli District.
W.P.(MD)No.8465 of 2021
30.04.2021
https://www.mhc.tn.gov.in/judis/
