Madras High Court
D.Dhananjayan vs The Director Of School Education on 7 August, 2023
W.P.No.15015 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.08.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.15015 of 2013
and M.P.No.3 of 2013
D.Dhananjayan ...Petitioner
-Vs-
1. The Director of School Education,
Chennai – 600 006.
2. The District Educational Officer,
Tindivanam, Villupuram District.
3. The Secretary,
Thiruvalluvar Higher Secondary School,
Karuvampakkam and Post,
Tindivanam Taluk,
Villupuram District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, calling for the
records pertaining to the order passed by the second respondent in his
proceedings Na.Ka.No.9005/A2/2011, dated 21.05.2013 and quash the
same and direct the respondents to confer all the consequential benefits
to the petitioner.
https://www.mhc.tn.gov.in/judis
Page 1 of 8
W.P.No.15015 of 2013
For Petitioner : Mr.S.Thendral
For M/s.C.S.Associates
For Respondents
For R1 & R2 : Mr.L.S.M.Hasan Fizal
Additional Government Pleader
ORDER
The writ petition has been filed challenging the order dated
21.05.2013 passed by the second respondent in his proceedings
Na.Ka.No.9005/A2/2011, thereby cancelled the approval of the
petitioner's appointment to the post of B.T. Assistant, History.
2. The petitioner was appointed as B.T. Assistant on
09.12.2011, in the vacancy arose on the third respondent school. The
third respondent had forwarded the proposal for approval of the
petitioner's appointment before the second respondent and it was
approved by the proceedings dated 20.04.2012. However, the approval
was subsequently cancelled by the second respondent by the proceeding
dated 21.05.2013 on the ground that the petitioner did not posses
Teachers Eligibility Test. Hence, the petitioner filed this present writ
petition with the above said prayer.
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W.P.No.15015 of 2013
3. Heard the learned counsel appearing on either side and
perused the material placed on record.
4. In similar mater, the Hon'ble Division Bench of this Court
in the batch of Writ Appeals in W.A.No.313 of 2022 etc., dated
02.06.2023 in the case of the Director of School Education & ors Vz.
M.Velayutham & anr., held that cut-off date to be fixed in
G.O.Ms.No.181 dated 15.11.2011 to pass the qualifying examination
viz., teachers eligibility test. Accordingly, those who were appointed as
teacher after the G.O., have to pass the said examination in accordance
with G.O. Further held that those who were appointed prior to
29.07.2011 are exempt from passing TET only for the purpose of
continuance in the post of secondary grade teacher or B.T. Assistant
without promotional prospects. The relevant portion of the order is
extracted hereunder :-
“74. For the sake of clarity and ease of reference,
the upshot of the above discussion is as under:
(a) Any teacher appointed as Secondary Grade
Teacher or Graduate Teacher/BT Assistant prior to
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W.P.No.15015 of 2013
29.07.2011 shall continue in service and also receive
increments and incentives, even if they do not
possess/acquire a pass in TET. At the same time, for
future promotional prospects like promotion from
secondary grade teacher to B.T. Assistant as well as for
promotion to Headmasters, etc., irrespective of their
dates of original appointment, they must necessarily
possess TET, failing which they will not be eligible for
promotion.
(b) Any appointment made to the post of
Secondary Grade Teacher after 29.07.2011 must
necessarily possess TET.
(c) Any appointment made to Graduate
Teacher/BT Assistant, after 29.07.2011, whether by
direct recruitment or promotion from the post of
Secondary Grade Teacher, or transfer, must necessarily
possess TET. The principles laid down in this judgment
will not have application to minority schools, both aided
and unaided as explained in paragraph no.71.1.
(d) The Special Rules for the Tamil Nadu School
Educational Subordinate Service issued in GO (Ms.)
No.13 School Education (S.E3(1)) Department dated
30.01.2020 insofar as it prescribes “a pass in Teacher
Eligibility Test (TET)” only for direct recruitment for
the post of BT Assistant and not for promotion thereto in
Annexure-I (referred to in Rule 6) is struck down,
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W.P.No.15015 of 2013
thereby meaning that TET is mandatory/essential
eligibility criterion for appointment to the post of BT
Assistant even by promotion from Secondary Grade
Teachers.
dated 15.11.2011 is to be read and understood to the
effect that for continuance in service without
promotional prospects, TET is not mandatory.”
5. Admittedly the petitioner was appointed in the third
respondent school on 09.12.2011. It is an aided private school.
Therefore, the principal laid down in the above judgment applicable to
the case of the petitioner. Further the petitioner did not posses the
qualification of Teachers Eligibility Test. Since the petitioner was
appointed on 09.12.2011, as per the G.O., the second respondent rightly
cancelled the approval of the petitioner's appointment. Therefore, this
Court finds no infirmity or illegality in the order passed by the third
respondent and the writ petition is devoid of merits and liable to be
dismissed.
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W.P.No.15015 of 2013
6. Accordingly, the Writ Petition stands dismissed.
Consequently, connected miscellaneous petition is closed. There shall be
no order as to cost.
07.08.2023
Internet: Yes
Index : Yes/No
Speaking/Non Speaking order
rts
https://www.mhc.tn.gov.in/judis
W.P.No.15015 of 2013
To
1. The Director of School Education,
Chennai – 600 006.
2. The District Educational Officer,
Tindivanam, Villupuram District.
3. The Secretary,
Thiruvalluvar Higher Secondary School,
Karuvampakkam and Post,
Tindivanam Taluk,
Villupuram District.
https://www.mhc.tn.gov.in/judis
W.P.No.15015 of 2013
G.K.ILANTHIRAIYAN. J,
rts
W.P.No.15015 of 2013
and M.P.No.3 of 2013
07.08.2023
https://www.mhc.tn.gov.in/judis
