The Chief Educational Officer vs M.Jesu Mathew Benno
2023 Latest Caselaw 5798 Mad

                                                                  W.A.(MD) No.735 of 2023


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 08.06.2023

                                                       CORAM:

                                    THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                      and
                                   THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI


                                              W.A.(MD) No.735 of 2023
                                                        and
                                             C.M.P.(MD) No.6318 of 2023


                 1.The Chief Educational Officer
                   Tirunelveli, Tirunelveli District

                 2.The District Educational Officer
                   Tirunelveli, Tirunelveli District                            ... Appellants

                                                        -vs-


                 1.M.Jesu Mathew Benno

                 2.The Correspondent
                   St.Antony's High School
                   Pettai, Tirunelveli
                   Tirunelveli District                                         ... Respondents


                           Writ Appeal filed under Clause 15 of Letters Patent to set aside the

                 order, dated 22.07.2022, passed in W.P.(MD) No.6013 of 2022, on the file of

                 this Court.



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                 Page 1 of 4

https://www.mhc.tn.gov.in/judis
                                                                          W.A.(MD) No.735 of 2023


                                  For Appellants     : Mr.D.Sadiq Raja
                                                       Additional Government Pleader

                                  For Respondents    : Ms.A.Amala for R1

                                                       JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

It is the consistent view of several Division Bench Judgments of

this Court that Teachers Eligibility Test is not required for even appointment

in Minority Institutions. The question is now pending before the Honourable

Supreme Court.

2. A Division Bench of this Court in its Judgment dated

28.09.2021 in W.A.(MD) No.1862 of 2021, after taking note of the pendency of

Special Leave Petition before the Apex Court, has observed as follows:

“3.Since the issue is already covered by a Division bench judgment, no question arises of revisiting the same. In the event the SLP succeeds and the relevant order is set aside, that will govern all matters.

4.Accordingly, in view of the judgment rendered on July 6, 2021, in W.A.(MD) No.1273 of 2021 and W.A.(MD) No.1274 of 2021, the present writ appeal, W.A.(MD) No.1862, is dismissed.”

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https://www.mhc.tn.gov.in/judis W.A.(MD) No.735 of 2023

3. In view of the above decision, this writ appeal fails and it is

accordingly dismissed. No costs. Consequently, connected miscellaneous

petition is closed.

                                                               [R.S.M., J.]          [L.V.G., J.]
                                                                         08.06.2023
                 NCC      : Yes / No
                 Index : Yes / No
                 Internet : Yes / No

                 krk




                 ____________

https://www.mhc.tn.gov.in/judis W.A.(MD) No.735 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

krk

W.A.(MD) No.735 of 2023 and C.M.P.(MD) No.6318 of 2023

08.06.2023

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