Madras High Court
The Secretary To The Government vs Anitha ... 1St on 16 October, 2024
Author: R.Subramanian
Bench: R.Subramanian
W.A(MD)No.1800 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A(MD)No.1800 of 2024
and
C.M.P.(MD)No.13689 of 2024
1.The Secretary to the Government,
Department of School Education,
St. George Fort, Chennai.
2.The Director of School Education,
DPI Compound,
College Road,
Chennai.
3.The Chief Educational Officer,
Tenkasi,
Tenkasi District.
4.The District Educational Officer,
Tenkasi, Tenkasi District. ... Appellants / Respondents 1 to 4
-vs-
1.Anitha ... 1st Respondent/ Writ Petitioner
2.The Manager,
St.Antony's Girls Higher Secondary
School,
Veerakaralampudur,
Tenkasi District. ... 2nd Respondent/ 5th Respondent
PRAYER: Appeal filed under Clause 15 of Letters Patent, to set aside the
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https://www.mhc.tn.gov.in/judis
Page 1 of 4
W.A(MD)No.1800 of 2024
order dated 06.12.2023 in W.P.(MD)No.19686 of 2023.
For Appellants : Mr.S.P.Maharajan,
Special Government Pleader
For R-1 : Mr.T.Pon Ramkumar
JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.]
The approval sought for by the 2nd respondent for the appointment of
the 1st respondent as Graduate Teacher in English was rejected on the
ground that there are surplus teachers in schools run by other corporate
management in the district and that she does not possess TET
qualification.
2. The 1st respondent was appointed on 01.08.2019. The 2nd
respondent school is a stand alone minority institution. This Court has
held that there is no prohibition for appointment to the sanctioned post in
the stand alone minority institution unless it is shown that there are
surplus teachers in the very school itself. Further, it is also the consistent
view of this Court that a pass in Teacher Eligibility Test is not an essential
qualification for appointment as a teacher in a minority institution.
Therefore, the basis of the rejection does not survive. The writ Court had
taken note of these facts and had concluded that the refusal to approve is
unjust.
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3. In view of the same, the writ appeal fails and it is accordingly
dismissed. The respondents will approve the appointment, if not already
done, with in a period of eight (8) weeks and pay the arrears of salary
within twelve (12) weeks from the date of receipt of the copy of this order.
There shall be no order as to costs. Consequently, connected miscellaneous
petition is closed.
[R.S.M., J.] [L.V.G., J.]
16.10.2024
NCC :Yes/No
Index :Yes/No
Internet: Yes
Sml
To
1.The Secretary to the Government,
Department of School Education,
St. George Fort, Chennai.
2.The Director of School Education,
DPI Compound,
College Road,
Chennai.
3.The Chief Educational Officer,
Tenkasi,
Tenkasi District.
4.The District Educational Officer,
Tenkasi, Tenkasi District.
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https://www.mhc.tn.gov.in/judis
R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
Sml
16.10.2024
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https://www.mhc.tn.gov.in/judis
