Madras High Court
J.Ebenezer vs The Director Of School Education on 11 November, 2021
W.P.(MD)No.5571 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.11.2021
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.(MD)No.5571 of 2018
J.Ebenezer ...Petitioner
/Vs./
1.The Director of School Education,
DPI, Campus, College Road,
Chennai – 600 006.
2.The District Elementary Educational Officer,
District Elementary Education Office,
Virudhunagar District.
3.The Assistant Elementary Educational Officer,
Assistant Elementary Educational Office,
Virudhunagar District.
4.The Correspondent,
CSI Primary School,
Aathipatti,
Arupukottai,
Virudhunagar District. ...Respondents
PRAYER:- Writ Petition - filed under Article 226 of the Constitution of
India, praying for the issuance of a Writ of Mandamus, directing the 2nd
respondent to approve the appointment of the petitioner with effect from
1/6
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W.P.(MD)No.5571 of 2018
the date of appointment i.e., 01.07.2015 and direct the 2nd respondent to
disburse the salary of the petitioner for the period from 01.07.2015 to
June 2016.
For Petitioner : Mr.S.Anwar Sameem
for Mr.C.Fernadas Rathinaraja
For R1 to R3 : Mr.K.S.Selvaganesan
Standing Counsel for State
ORDER
The petitioner was appointed as Secondary Grade Assistant in
the fourth respondent School (R4) on 01.07.2015 in a vacancy in a
sanctioned post, caused by the transfer with promotion, of one N.Violet
Packiaselvi. R4 is a Government Aided Minority institution run by the
CSI Diocese of Madurai Ramnad.
2.The petitioner seeks a mandamus directing R2 being the
District Elementary Educational Officer/DEEO to approve the
appointment of the petitioner with effect from the date of his
appointment and disburse the salary of the petitioner for the period from
01.07.2015 to June 2016.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.5571 of 2018
3.With coming into force of the Right of Children to Free and
Compulsory Education Act, 2009 (Act/RTE Act), the Government of
Tamil Nadu mandated that teachers acquire a Teachers Education
Training qualification (TET) within a period of five years from the
commencement of the Act. A challenge came to be laid by minority
institutions to the application of the RTE Act to their institutions and the
Hon'ble Supreme Court, in its Judgment in the case of Society for
Unaided Private Schools of Rajasthan Vs.Union of India (2012 (6) SCC
1) held that the aforesaid enactment would not be applicable, insofar as
minority institutions are concerned.
4.The petitioner had also filed a writ petition in W.P.(MD)No.
499 of 2016 challenging the order that had been passed by R3 ie.,
Assistant Elementary Educational Officer rejecting the proposal for
regularisation of his services and disbursal of salary on the ground that
he did not possess TET qualification.
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W.P.(MD)No.5571 of 2018
5.Aforesaid writ petition came to be disposed on 14.07.2016
by this Court directing R3 to grant temporary approval in favour of the
petitioner for the post of Secondary Grade Assistant and also directing
that he be paid his salary from date of the order, being 14.07.2016.
Learned counsel for the petitioner would submit that this order is being
complied with.
6.The Judgment of the Hon'ble Supreme Court referred to in
paragraph 3, has been applied by the Division Bench of this Court, in
S.Jeyalakshmi and others Vs. Director of Elementary Education and
others [2016 (5) CTC 639]. The ratio of the aforesaid decision is to the
effect that the provisions of the RTE Act would not impinge upon the
functioning of Minority Education Schools, as a consequence of which,
there is no necessity for its faculty members to obtain TET qualification.
7.In the light of the narration as aforesaid, there is no
impediment for grant of mandamus as sought for by the petitioner. A
direction is thus issued to R4 to approve the appointment of the
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W.P.(MD)No.5571 of 2018
petitioner with effect from the date of his appointment being 01.07.2015.
Since the petitioner has received salary from 14.06.2016 onwards, what
remains is for disbursal of the salary from the date of appointment ie.,
01.07.2015 till 14.06.2016. This be computed and paid over within a
period of eight weeks from today. This Writ Petition is allowed as above.
No costs.
11.11.2021
Internet :Yes
Index :Yes/No
sm
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)No.5571 of 2018
DR.ANITA SUMANTH, J.
sm
To
1.The Director of School Education,
DPI, Campus,
College Road,
Chennai – 600 006.
2.The District Elementary Educational Officer,
District Elementary Education Office,
Virudhunagar District.
3.The Assistant Elementary Educational Officer,
Assistant Elementary Educational Office,
Virudhunagar District.
Order made in
W.P.(MD)No.5571 of 2018
Dated:
11.11.2021
https://www.mhc.tn.gov.in/judis
