Mrs.M.Sermalatha vs The State Of Tamilnadu
2021 Latest Caselaw 12110 Mad

                                                                    W.P.(MD)No.10387 of 2021

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 22.06.2021

                                                   CORAM:

                                   THE HONOURABLE MS.JUSTICE V.M.VELUMANI

                                          W.P.(MD) Nos.10387 of 2021



                 Mrs.M.Sermalatha                                ... Petitioner
                                                       -Vs-

                 1.The State of Tamilnadu,
                   Represented by its Principal Secretary,
                   Department of School Education,
                   Fort St. George,
                   Chennai-600 009.

                 2.The Director of School Education,
                   DPI Campus, College Road,
                   Chennai-600 006.

                 3.The District Educational Officer,
                   Srivilliputhur,
                   Virudhunagar District.

                 4.The Secretary,
                   A.V.M.M.Edison Nadar Elementary School,
                   Vilampatti-626 124,
                   Virudhunagar District.             ... Respondents



                 PRAYER: Writ Petition is filed under Article 226 of the Constitution of
                 India for issuance of Writ of Mandamus, directing the respondents not
                 to insist the petitioner to pass/clear the Teacher Eligibility Test (TET) in


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https://www.mhc.tn.gov.in/judis/
                                                                              W.P.(MD)No.10387 of 2021

                 view of the cutoff date 29.07.2011 fixed for Teacher Eligibility Test
                 (TET)         as    mandated    G.O.(Ms)      No.181,   School    Education,   dated
                 15.11.2011 based on the petitioner's representation, dated 17.02.2020
                 and pass orders.


                                           For Petitioner     : Mr.A.Balaji
                                           For R1 to R4       : Mr.P.Subbaraj,
                                                              : Government Advocate


                                                            ORDER

Heard Mr.A.Balaji, learned counsel appearing for the

petitioner and Mr.P.Subbaraj, learned Government Advocate appearing

for respondents 1 to 4 and perused entire materials available on record.

2. The petitioner was appointed as Secondary Grade Teacher

on 10.02.2011 in the fourth respondent School viz., A.V.M.M.Edison

Nadar Elementary School, Vilampatti, in a sanctioned post. Her

appointment as Secondary Grade Teacher was also approved by the

authority.

3. According to the petitioner, the respondents insisted the

petitioner to clear the Teachers Eligibility Test (hereinafter referred to

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as 'TET'). The petitioner submitted that when she was appointed on

10.02.2011, 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 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, 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.

4. The learned counsel for the petitioner 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 petitioner to appear and pass in the TET examination and he prayed

for allowing these Writ Petition.

https://www.mhc.tn.gov.in/judis/ W.P.(MD)No.10387 of 2021

5. The issue whether a person, who was appointed as

Secondary Grade Teacher 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 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 petitioner to pass in TET examination.

6. In the present case, the petitioner was appointed on

10.02.2011 and her appointment was approved by the authorities on

19.04.2011 much prior to issuance of G.O(Ms) No.181 (School

Education (C2) Department), dated 15.11.2011, prescribing the

Educational qualification of pass in Teachers Eligibility Test.

7.For the above reasons, the Writ Petition is allowed. No costs.

22.06.2021

Index : Yes / No Internet: Yes / No am

https://www.mhc.tn.gov.in/judis/ W.P.(MD)No.10387 of 2021

To

1.The Principal Secretary, Department of School Education, Fort St. George, Chennai-600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai-600 006.

3.The District Educational Officer, Srivilliputhur, Virudhunagar District.

4.The Secretary, A.V.M.M.Edison Nadar Elementary School, Vilampatti-626 124, Virudhunagar District.

https://www.mhc.tn.gov.in/judis/ W.P.(MD)No.10387 of 2021

V.M.VELUMANI,J.

am

W.P.(MD) Nos.10387 of 2021

22.06.2021

https://www.mhc.tn.gov.in/judis/