Madras High Court
S.Rajkumar vs The Chief Educational Officer on 19 October, 2024
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P.(MD)No.20165 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.10.2024
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD)No.20165 of 2024
and
W.M.P(MD)No.17110 of 2024
S.Rajkumar ... Petitioner
Vs.
1.The Chief Educational Officer,
O/o.The Chief Educational Officer,
Thoothukudi District.
2.The District Educational Officer,
O/o.The District Educational Officer,
Thoothukudi District.
3.The St.Francis Xavier's Higher Secondary School,
Rep. by the Correspondent,
Chinna Kovil Compound,
Thoothukudi District – 628 001. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, to call for the records pertaining
to the impugned order in Na.Ka.No.173/A3/2024, dated 26.07.2024 on the file
of the second respondent and quash the same as illegal and consequently, to
direct the second respondent to approve the appointment of the petitioner to the
promotion post of B.T.Assistant (Tamil) with effect from 09.06.2017 with the
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.20165 of 2024
third respondent minority school and disburse the consequential monetary
benefits.
For Petitioner : Mr.I.Pinaygash
For R1 to R2 : Mr.N.Satheesh Kumar
Additional Government Pleader
For R3 : Mr.K.Ragatheeshkumar
Fro M/s.Issac Chamber
ORDER
The instant writ petition has been filed by a Secondary grade teacher
challenging the order passed by the second respondent herein, wherein, the
order of promotion granted to the petitioner as B.T.Assistant (Tamil) has not
been approved.
2. The petitioner herein was working as secondary grade teacher in the
third respondent aided minority institution. The school management has thought
it fit to promote the petitioner as B.T.Assistant (Tamil) with effect from
09.06.2017. The school management has sent the said proposal to the second
respondent for approval. Under the impugned order, dated 26.07.2024, the
second respondent has rejected the said proposal on the following grounds:
https://www.mhc.tn.gov.in/judis
(a) The petitioner has not passed TET examination
(b) Before acquiring higher qualification, the petitioner has not obtained
prior permission from the competent authorities.
3. According to the learned counsel for the petitioner, the third
respondent being an aided minority institution, pass in TET examination is not
mandatory either for appointment or for promotion. He further relied upon the
judgments of this Court, wherein, the Division Benches of this Court have
consistently held that non-obtaining of prior permission for acquiring higher
qualification will not disentitle the teacher from receiving incentive increment
or promotion.
4. Per contra, the learned Additional Government Pleader for the
respondents 1 and 2 contended that a pass in TET examination is mandatory
whether it is minority or non-minority institution. He further relied upon
G.O.Ms.No.944, Education Department, dated 29.07.1989 and contended that
prior permission to undergo higher studies is mandatory and therefore, any
qualification acquired without obtaining prior permission cannot be taken into
consideration for incentive increment or promotion.
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5. I have carefully considered the submissions made on either sides and
perused the materials on record.
6. The Division Bench of this Court in W.A.No.313 of 2022etc., batch
reported in 2023 3 L.W 112 has categorically held that pass in TET examination
is not mandatory either for appointment or for promotion as far as the minority
institution is concerned. Therefore, the first reason assigned in the impugned
order is liable to be set aside.
7. The Division Bench of this Court in W.A.No.1124 of 2023, dated
24.07.2023 has held that non-obtaining of prior permission for acquiring higher
qualification could not be a legal impediment for considering grant of incentive
increment or promotion. Therefore, the second reason assigned in the impugned
order is also liable to be set aside.
8. In view of the above deliberations, the order impugned in the writ
petition is set aside and the second respondent is directed to approve the
promotion of the petitioner as B.T.Assistant (Tamil) with effect from
09.06.2017 with all attendant benefits and pass orders within a period of 12
weeks from the date of receipt of copy of this order.
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9. The writ petition stands allowed with the above direction. No costs.
Consequently, connected miscellaneous petition is closed.
19.10.2024
NCC:yes/no
Index:yes/no
Internet:yes/no
SN
To:
1.The Chief Educational Officer,
O/o.The Chief Educational Officer,
Thoothukudi District.
2.The District Educational Officer,
O/o.The District Educational Officer,
Thoothukudi District.
3.The St.Francis Xavier's Higher Secondary School,
Rep. by the Correspondent,
Chinna Kovil Compound,
Thoothukudi District – 628 001.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR, J.
SN
19.10.2024
https://www.mhc.tn.gov.in/judis
