Madras High Court
R.Seshathri vs The Chief Educational Officer on 30 April, 2021
W.P(MD)Nos.8835, 8837 & 8838 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)Nos.8835, 8837 & 8838 of 2021
R.Seshathri ... Petitioner in W.P(MD)No.8835/2021
M.Nithya ... Petitioner in W.P(MD)No.8837/2021
R.M.Chitra Devi ... Petitioner in W.P(MD)No.8838/2021
vs.
1.The Chief Educational Officer,
Sivagangai District.
2.The District Educational Officer,
Devakottai,
Sivagangai District. ... Respondents 1 & 2 in all W.Ps'
3.The Secretary,
S.C.G.R.High School,
Amaravathi Pudur,
Sivagangai District. ... 3rd Respondent in W.P(MD)No.8835/2021
3.The Secretary,
Sri Saraswathi Vidyasalai Girls Higher Secondary School,
Puduvayal,
Sivagangai District.
... 3rd Respondent in W.P(MD)Nos.8837 & 8838/2021
https://www.mhc.tn.gov.in/judis/
W.P(MD)Nos.8835, 8837 & 8838 of 2021
COMMON PRAYER: Writ Petitions filed under Article 226 of the
Constitution of India for issuance of Writs of Mandamus, forbearing the
respondents from insisting the petitioners to produce Teachers Eligibility
Test pass Certificate and to direct the respondents to release the yearly
increments and other entitled benefits from April, 2020, January, 2021
and January, 2021 respectively and to pay continuously to the petitioner.
For Petitioner : Mr.V.Panner Selvam
(In all W.Ps')
For RR 1 & 2 : Mr.N.Shanmuga Selvam
(In all W.Ps') Additional Government Pleader
COMMON ORDER
Since the issues involved in these Writ Petitions are one and the
same, these Writ Petitions are heard together and decided in this
common order.
2.These Writ Petitions are filed seeking Writs of Mandamus,
forbearing the respondents from insisting the petitioners to produce
Teachers Eligibility Test pass Certificate and to direct the respondents to
release the yearly increments and other entitled benefits from April,
2020, January, 2021 and January, 2021 respectively and to pay
continuously to the petitioner.
https://www.mhc.tn.gov.in/judis/
W.P(MD)Nos.8835, 8837 & 8838 of 2021
3.Heard the learned counsel appearing for the petitioners and the
learned Additional Government Pleader appearing for the respondents
1 & 2.
4.According to the petitioners, they were appointed as B.T
(Assistants) on 05.04.2011, 04.01.2011 and 04.01.2011 respectively in
the third respondent School in sanctioned posts, after obtaining prior
permission from the authority concerned. Though the second
respondent, vide his proceedings dated 10.08.2011, 11.02.2011 and
11.02.2011 granted approval to the appointment of the petitioners with
effect from 05.04.2011, 04.01.2011 and 04.01.2011 respectively, there
was no condition imposed as to the pass in the Teachers Eligibility Test
either in the appointment order or in the approval order. But, without
assigning any reason, the respondents have not sanctioned yearly
increments for April, 2020, January, 2021 and January 2021 respectively,
despite they released salary and all other benefits including yearly
increments to them till 2019, 2020 and 2020 respectively. The
petitioners submitted that when they were appointed on 05.04.2011,
04.01.2011 and 04.01.2011 respectively, there was no requirement of
https://www.mhc.tn.gov.in/judis/
W.P(MD)Nos.8835, 8837 & 8838 of 2021
pass in TET examination for appointment. The National Council for
Teacher Education (hereinafter referred to as 'NCTE') has issued a
Notification, dated 23.08.2010, laying down the minimum qualifications
for a person to be eligible for appointment as a Teacher in Class I to VIII.
The Principal Secretary issued Government Order in G.O.Ms.No.181,
dated 15.11.2011, making the TET as mandatory for all the Teachers,
who are working within the State. The Government first time conducted
TET examination in the month of April, 2012 and the results were
published only in the month of July, 2012.
5.The learned counsel appearing for the petitioners contended that
this issue was already considered by the Division Bench of this Court and
the Division Bench of this Court held that those, who were appointed
prior to the issuance of G.O.Ms.No.181, cannot be compelled to pass
TET. In view of the said Judgment, the Notification, dated 23.08.2010,
was amended on 29.07.2011, stating that the qualification of TET is
mandatory only from 29.07.2011 and the respondents cannot compel
the petitioners to appear and pass in the TET examination and prayed for
allowing these Writ Petitions.
https://www.mhc.tn.gov.in/judis/
W.P(MD)Nos.8835, 8837 & 8838 of 2021
6.The issue whether a person, who was appointed as B.T Assistant
prior to the issuance of G.O.Ms.No.181, can be compelled to acquire a
pass in TET examination, is no longer res integra. The amended
Notification issued by the NCTE makes it very clear that the qualification
of TET is mandatory from 29.07.2011. The learned Single Judge of this
Court in W.P(MD)Nos.5626 of 2017 etc., batch, vide order dated
08.03.2019 (M.Maharani Vs. The State of Tamil Nadu, Rep. by its
Secretary, Department of School Education and others) has considered
these issues and held that the respondents cannot compel the Teachers
similarly placed like that of the petitioners, who were appointed prior to
29.07.2011, to pass in TET examination.
7.In the present case, the petitioners were appointed on
05.04.2011, 04.01.2011 and 04.01.2011 respectively. Their
appointments were approved on 10.08.2011, 11.02.2011 and
11.02.2011 with effect from 05.04.2011, 04.01.2011 and 04.01.2011
respectively. Therefore, this Court has no hesitation to hold that the
petitioners are entitled to seek exemption from passing TET, as they
were appointed prior to the cut-off date and the respondents are
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W.P(MD)Nos.8835, 8837 & 8838 of 2021
directed not to insist TET Certificate from the petitioners as a
pre-condition for their continuance in service as B.T (Assistants) and
release the yearly increments and other entitled benefits from April,
2020, January 2021 and January 2021 respectively and pay the same
continuously to the petitioners.
8.Accordingly, these Writ Petitions stand allowed. No costs.
30.04.2021
Index : Yes / No
Internet : Yes / No
ps
https://www.mhc.tn.gov.in/judis/
W.P(MD)Nos.8835, 8837 & 8838 of 2021
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 Chief Educational Officer,
Sivagangai District.
2.The District Educational Officer,
Devakottai,
Sivagangai District.
https://www.mhc.tn.gov.in/judis/
W.P(MD)Nos.8835, 8837 & 8838 of 2021
V.M.VELUMANI,J.
ps
W.P(MD)Nos.8835, 8837 & 8838
of 2021
30.04.2021
https://www.mhc.tn.gov.in/judis/
