Madras High Court
Sr.M.Arputha Stella Mary vs The Government Of Tamil Nadu on 18 October, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.No.30624 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.30624 of 2024
and W.M.P.No.33230 of 2024
Sr.M.Arputha Stella Mary,
Nazareth Aided Primary School,
Yercaud, Salem – 636 001. .. Petitioner
Vs.
1.The Government of Tamil Nadu,
Rep. by its Principal Secretary,
The Department of School Education,
Fort. St. George,
Chennai – 600 009.
2.The Director of Elementary Education,
DPI Campus, College Road,
Chennai – 600 006.
3.The District Elementary Educational Officer,
The District Educational Office,
3rd Floor, Collectorate Campus,
Salem – 636 001.
4.The Block Educational Officer,
The Block Educational Office,
Yercaud, Salem – 636 001.
5.The Correspondent,
Nazareth Aided Primary School,
Yercaud, Salem – 636 001. .. Respondents
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1/6
W.P.No.30624 of 2024
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus directing the 3 rd respondent to
accord approval to the appointment of the petitioner Sr.M.Arputha Stella
Mary, as Second Grade Asst. in the 5th respondent Nazareth Aided
Primary School, Yercaud, Salem – 636 001, which is a minority school,
based on the recommendation of the 4 th respondent w.e.f. 01.06.2022,
without insisting on the TET qualification and with all service and
monetary benefits.
For Petitioner : Dr.Fr.Xavier Arul Raj
Senior Counsel
for M/s.Father Xavier Associates
For RR 1 to 4 : Mrs.S.Mythreye Chandru
Special Government Pleader
ORDER
This writ petition has been filed for the issue of writ of mandamus
directing the 3rd respondent to accord approval to the appointment of the
petitioner as Secondary Grade Assistant in the 5th respondent School
based on the recommendation given by the 4th respondent with effect from
01.06.2022 without insisting for TET qualification and to extend all the
service and monetary benefits.
2.Heard the learned Senior Counsel for the petitioner and the
learned Special Government Pleader for the respondents 1 to 4.
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3.The case of the petitioner is that the 5th respondent School is a
religious minority School. The petitioner was appointed as a Secondary
Grade Assistant in the 5th respondent School with effect from 01.06.2022
based on the vacancy that arose out of the promotion of the incumbent of
the said post. The proposal for the appointment of the petitioner was
submitted to the educational authorities for approval.
4.The further case of the petitioner is that the 3rd respondent
through proceedings dated 05.10.2023 had granted approval for the
promotion of one Sr.A.Margaret Nirmala as Head Mistress. It is only due
to the promotion of this teacher, the petitioner got appointed to the post
of Secondary Grade Assistant. In so far as the approval sought for the
appointment of the petitioner, the 3rd respondent through proceedings
dated 10.04.2024 raised some queries.
5.The School Management submitted a detailed explanation and
answered all the queries and thereafter, the 4 th respondent through the
proceedings dated 23.07.2024 once again raised certain queries and it
was answered by the Management and it was also informed that the said
queries were already clarified to the 3rd respondent.
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6.The 5th respondent Management once again re-submitted the
proposal as a reminder on 10.09.2024 for approval. After verifying the
records, the 4th respondent through proceedings dated 11.09.2024
recommended to the 3rd respondent for granting approval for the
appointment of the petitioner as a Secondary Grade Assistant in the 5 th
respondent School. The 3rd respondent once again returned the proposal
for approval only on the ground that the petitioner does not have TET
qualification. It is under these circumstance, the present writ petition has
been filed before this Court.
7.In the considered view of this Court, the TET qualification is not
applicable to religious minority institutions. This law was confirmed by
the Division Bench judgment of this Court in W.A.(MD).No.1019 of
2013 dated 24.11.2016 and the order dated 26.09.2019 passed in
W.A.(MD).No.859 of 2019. Hence, the 3rd respondent cannot insist for
TET qualification in order to grant approval for the appointment of the
petitioner.
8.In the light of the above discussion, there shall be a direction to
the 3rd respondent to accord approval for the appointment of the
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petitioner as Secondary Grade Assistant in the 5th respondent School
based on the recommendation made by the 4 th respondent through
proceedings dated 11.09.2024. Necessary orders shall be passed in this
regard within a period of four (4) weeks from the date of receipt of a
copy of this order.
9.In the result, this Writ Petition is disposed of with the above
directions. Consequently, the connected Miscellaneous Petition is closed.
No costs.
18.10.2024
krk
Index : Yes / No
Internet : Yes / No
Neutral Citation : Yes / No
To
1.The Government of Tamil Nadu,
Rep. by its Principal Secretary,
The Department of School Education,
Fort. St. George,
Chennai – 600 009.
2.The Director of Elementary Education,
DPI Campus, College Road,
Chennai – 600 006.
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH, J.
krk
3.The District Elementary Educational Officer,
The District Educational Office,
3rd Floor, Collectorate Campus,
Salem – 636 001.
4.The Block Educational Officer,
The Block Educational Office,
Yercaud, Salem – 636 001.
5.The Correspondent,
Nazareth Aided Primary School,
Yercaud, Salem – 636 001.
18.10.2024
https://www.mhc.tn.gov.in/judis
