Madras High Court
R.Sasikala vs The Government Of Tamil Nadu on 14 June, 2021
W.P(MD)Nos.17516 & 17519 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.06.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P(MD)Nos.17516 & 17519 of 2020
and W.M.P.(MD)No.14666 & 14668 of 2020
R.Sasikala ... Petitioner in
W.P.(MD)No.17516/2020
V.Poongkodi ... Petitioner in
W.P.(MD)No.17519/2020
vs.
1.The Government of Tamil Nadu
Rep. By its Secretary to Government,
School Education Department,
St. George Fort, Chennai – 9.
2.The Director of School Education,
D.P.I. Campus, College Road,
Chennai.
3.The District Educational Officer,
Musiri, Trichy District.
4.The Block Educational Officer,
Thathiyangarpet Union,
Thathiyangarpet, Musuri Taluk,
Trichy District. ... Respondents in
both W.P.s
5.Saraswathi Vidyasala Aided Middle School,
Rep. By its Secretary,
Sittilarai, Musiri Taluk, Trichy District. ... 5th Respondent in
W.P.(MD)No.17516/2020
https://www.mhc.tn.gov.in/judis/
W.P(MD)Nos.17516 & 17519 of 2020
6.Gokhlae Aided Middle School,
Rep. By its Secretary,
Oorakkarai, Musiri Taluk, Trichy District. ... 5th Respondent in
W.P.(MD)No.17519/2020
COMMON PRAYER: Writ Petition filed under Article 226 of the
Constitution of India for issuance of a Writ of Mandamus, forbearing
respondents 1 to 4 herein from compelling the petitioner to acquire a pass
in Teachers Eligibility Test (TET) for continuance in the post of BT
Assistant (Science) and BT Assistant (Maths) respectively in the 5th
respondent school by taking note of the petitioner's appointment on
27.07.2011 and 18.02.2011 respectively, prior to the issuance of
G.O.Ms.No.181, School Education Department, dated 15.11.2011 and to
award annual increments, incentive, surrender leave benefits and other
attendant benefits to the petitioners from the date of their appointments
namely 27.07.2011 and 18.02.2011, respectively.
For Petitioner : Mr.T.Pon Ramkumar
(In both W.Ps)
For Respondents : Mr.P.Subbaraj,
(In both W.Ps) Government Advocate for R1 to R4
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.
https://www.mhc.tn.gov.in/judis/
W.P(MD)Nos.17516 & 17519 of 2020
2.Heard Mr.T.Pon Ramkumar, learned counsel appearing on
behalf of the petitioners and Mr.P.Subbaraj, learned Government
Advocate appearing for the respondents 1 to 4.
3.The petitioner in W.P.(MD)No.17516 of 2020 was appointed
as B.T. Assistant (Science) on 27.07.2011 at Saraswathi Vidyasala Aided
Middle School, Trichy District, in a sanctioned post, after obtaining prior
permission from the authority. The petitioner in W.P.(MD)No.17519 of
2020 was appointed as B.T.Assistant (Maths) on 18.02.2011, at Gokhlae
Aided Middle School, Trichy District, in a sanctioned post, after
obtaining prior permission from the authority. Their appointments as
B.T. Assistant (Science) and B.T.Assistant (Maths) were also approved
by the authority.
4.According to the petitioners, the respondents are compelling
the petitioners for appearing Teachers Eligibility Test (hereinafter
referred to as 'TET'). The petitioners submitted that when they were
appointed on 27.07.2011 and 18.02.2011 respectively, there was no
requirement of 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
https://www.mhc.tn.gov.in/judis/
W.P(MD)Nos.17516 & 17519 of 2020
qualifications for a person to be eligible for appointment as a teacher in
class I to VIII. The first respondent issued Government Order in
G.O.Ms.No.181, School Education (C2) Department, 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 July, 2012 and the results were published only in the
month of August, 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 he
prayed for allowing these Writ Petitions.
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
https://www.mhc.tn.gov.in/judis/
W.P(MD)Nos.17516 & 17519 of 2020
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 only from 29.07.2011. The Division
Bench of this Court, in a batch of Writ Petitions, has considered these
issues and held that the respondents cannot compel the teachers similarly
placed like petitioners to pass in TET examination.
7. For the above reasons, these Writ Petitions stand allowed. The
respondents are directed to pay annual increments, incentive, surrender
leave benefits and other attendant benefits to the petitioners from the date
of their appointments namely 27.07.2011 and 18.02.2011. No costs.
Consequently, connected miscellaneous petitions are closed.
14.06.2021
Index : Yes / No
Internet : Yes / No
vsm
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.
https://www.mhc.tn.gov.in/judis/
W.P(MD)Nos.17516 & 17519 of 2020
V.M.VELUMANI,J.
vsm
To
1.The Secretary,
Government of Tamil Nadu
School Education Department,
St. George Fort, Chennai – 9.
2.The Director of School Education,
D.P.I. Campus, College Road,
Chennai.
3.The District Educational Officer,
Musiri, Trichy District.
4.The Block Educational Officer,
Thathiyangarpet Union,
Thathiyangarpet, Musuri Taluk,
Trichy District.
W.P(MD)Nos.17516 & 17519 of 2020
14.06.2021
https://www.mhc.tn.gov.in/judis/
