Madras High Court
R.M.Deepika vs The Chief Educational Officer on 18 October, 2024
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P.(MD).No.22824 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.22824 of 2024
and
W.M.P(MD) No.19348 of 2024
R.M.Deepika
B.T.Assistant (English)
Sri Onnuramaswamy Middle School,
Thevaram,
Theni District. ... Petitioner
Vs.
1. The Chief Educational Officer,
Office of the Chief Educational Office,
Theni, Theni District.
2. The District Educational Officer,
(Elementary)
Office of the District Educational Office,
Theni, Theni District.
3. The Block Educational Officer,
Office of the Block Educational Office,
Uthamapalayam,
Theni District.
4. The President,
Sri Onnuramaswamy Middle School,
Thevaram, Theni District. ... Respondents
1/7
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.22824 of 2024
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
records relating to the impugned order passed by the second respondent in his
proceedings in Na.Ka.No.139/M3/2022, dated 12.09.2024 and quash the
same as illegal and consequently to direct the respondents 1 and 2 to approve
the appointment of petitioner as B.T.Assistant (English) w.e.f., 06.06.2019
without reference to pass in Teacher Eligibility Test (TET) and pay arrears of
salary with all consequential benefits arising thereon within the period that
may be stipulated by this Court.
For Petitioner : Mr.C.Venkatesh Kumar
for M/s.Ajmal Associates
For R1 to R3 : Mr.J.Ashok
Additional Government Pleader
ORDER
The instant Writ Petition has been filed by a B.T.Assistant (English),
challenging the order passed by the second respondent herein on 12.09.2024
wherein the request of the School Management for approval of her
appointment has been rejected on the ground that the petitioner has not passed
TET Examination.
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2. A perusal of the records indicates that the petitioner was appointed as
B.T.Assistant (English) in the fourth respondent School on 06.06.2019. The
fourth respondent School is admittedly a Linguistic Minority Institution. The
Management has forwarded the proposals for approval of the appointment of
the writ petitioner. Under the impugned order, dated 12.09.2024 the second
respondent has rejected the same on the ground that the petitioner has not
passed TET examination. Challenging the same, the present writ petition has
been filed.
3. According to the learned counsel appearing for the writ petitioner,
since the fourth respondent School is a Linguistic Minority Institution,
passing of TET Examination is not mandatory, in view of the judgment of the
Hon'ble Division Bench of this Court.
4. The learned Additional Government Pleader appearing for the
respondents 1 to 3 relying upon the counter had contended that unless the
petitioner clears the TET examination, she would not be eligible to be
appointed in the fourth respondent School which is a Minority Institution.
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5. The Hon'ble Division Bench of our High Court in W.A.No.313 of
2022 and batch case, dated 02.06.2023, in para No.71.1 held as follows:
“71.1. A perusal of the orders impugned in the writ
petitions leading to these writ appeals would indicate that the
fact that the teachers, in respect of whom approval of
appointment was sought for by the school, did not possess TET
pass eligibility was not a ground for refusal for grant of
appointment approval, nor was it an issued raised before the
Learned Single Judge at the time of disposal of the writ petitions.
Only in the writ appeals, the State Government has raised an
additional ground that the teachers whose appointment approval
was sought for, did not possess TET. Notwithstanding the same,
it is hereby clarified that by virtue of the judgment of the
Constitution Bench of the Hon’ble Supreme Court in Pramati
Educational and Cultural Trust & Ors. v. Union of India, [(2014)
8 SCC 1], wherein it was held that the RTE Act, 2009 insofar as
it applies to minority schools, aided or unaided, covered under
Article 30(1) is ultravires the Constitution, meaning thereby that
the 2009 Act will not apply to minority schools, the eligibility of
TET pass as required for appointment of teachers in non-
minority schools, will not apply to minority schools. In other
words, the approval of appointment of teachers in minority
schools, both aided and unaided, cannot be refused or rejected
on the ground that they do not possess a pass in TET. Further
this specific issue is also pending consideration before the
Supreme Court and the law laid down by the Supreme Court in
Pramati Educational and Cultural Trust, cited supra, holds the
field as on today. For these reasons, the order of the Learned
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Judge in the writ petitions is affirmed and the above four writ
appeals are dismissed.”
6. In view of the judgment of Hon'ble Division Bench, TET is not
mandatory for being appointed as a teacher in an aided minority institution.
Therefore, the order impugned in the writ petition is set aside and the matter
is remitted back to the file of the second respondent herein. The second
respondent is directed to approve the appointment of the writ petitioner with
effect from 06.06.2019 with all attendant benefits. The said exercise shall be
completed within a period of twelve weeks from the date of receipt of a copy
of this order.
7. With the above said observations, this Writ Petition stands allowed to
the extent as state above. There shall be no order as to costs. Consequently
connected Miscellaneous Petition stands closed.
18.10.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
https://www.mhc.tn.gov.in/judis
To
1. The Chief Educational Officer,
Office of the Chief Educational Office,
Theni, Theni District.
2. The District Educational Officer,
(Elementary)
Office of the District Educational Office,
Theni, Theni District.
3. The Block Educational Officer,
Office of the Block Educational Office,
Uthamapalayam,
Theni District.
4. The President,
Sri Onnuramaswamy Middle School,
Thevaram, Theni District.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR,J.
ebsi
18.10.2024
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