Madras High Court
S.Barvin vs The Director Of School Education on 22 October, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.31411 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.31411 of 2024
and
W.M.P.No.34099 of 2024
S.Barvin
W/o.S.N.Mohammed Ismail ... Petitioner
Vs.
1. The Director of School Education,
DPI Campus, College Road,
Chennai - 600 006.
2. The Chief Educational Officer,
Tiruvarur District,
Tiruvarur.
3. The District Educational Officer (Elementary),
Tiruvarur Education District,
Tiruvarur.
4. The Block Educational Officer,
Mannargudi Block,
Mannargudi - 614 001.
Tiruvarur District.
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Writ Petition No.31411 of 2024
5. The Correspondent,
Allaudin Government Aided Primary School,
Nagangudi - 614 101.
Koothanallur Taluk,
Tirurvarur District. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Certiorarified Mandamus to call for the
records relating the impugned proceedings issued by the 4th respondent
in Na.Ka.No.399/A5/2024 dated 15.07.2024 and to quash the same
insofar as insisting TET qualification is concerned and consequently
direct the respondents 3 and 4 to pass orders for granting approval of
promotion of the petitioner in the post of Headmaster in the fifth
respondent school with effect from 01.02.2024 with all consequential and
other attendant benefits, including payment of arrears of salary, based on
the proposal resubmitted by the fifth respondent school dated
16.09.2024.
For Petitioner : Ms.J.Jayamalan
For Respondents : Mrs.S.Mythreye Chandru
Special Government Pleader [R1 to R4]
*****
ORDER
This writ petition has been filed challenging the proceedings of
the fourth respondent dated 15.07.2024 insofar as insisting the TET
qualification and for a consequential direction to respondents 3 and 4 to
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Writ Petition No.31411 of 2024
grant approval for promotion of the petitioner to the post of Headmaster
in the fifth respondent school with effect from 01.02.2024 with all
attendant benefits.
2. Heard Ms.J.Jayamalan, learned counsel for petitioner and
Mrs.S.Mythreye Chandru, learned Special Government Pleader appearing
for respondents 1 to 4.
3. The case of the petitioner is that she was promoted to the
post of Headmaster Teacher in the fifth respondent school with effect
from 01.02.2024. The fifth respondent school forwarded the proposal to
the official respondents seeking for approval for promotion of the
petitioner as Headmaster with effect from 01.02.2024 along with all
relevant documents. The grievance of the petitioner is that the fourth
respondent, through the impugned proceedings dated 15.07.2024,
returned the proposal by citing various reasons. The petitioner is only
aggrieved by one of the reason cited by the fourth respondent to the effect
that the petitioner must fulfil the TET qualification. It is under these
circumstances, the present writ petition has been filed before this Court.
4. Taking into consideration the specific ground raised by the
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Writ Petition No.31411 of 2024
petitioner to the effect that the proceedings of the fourth respondent is
challenged only with respect to insisting for TET qualification, this Court
finds that the issue is squarely covered by the earlier judgment of this
Court in W.A.No.313 of 2022 etc. dated 14.06.2023. This Court has
categorically held that insofar as the minority institutions are concerned,
TET qualification is not mandatory for being promoted as Headmaster.
There is no dispute that the fifth respondent school is a minority school.
5. In the light of the above discussion, the impugned
proceedings of the fourth respondent dated 15.07.2024 is interfered only
insofar as insisting for TET qualification. The petitioner and the fifth
respondent school shall satisfy all the other reasons that have been stated
in the impugned proceedings and re-submit the proposal to the fourth
respondent. In such an event, the respondents 3 and 4 shall deal with the
same and grant approval for promotion of the petitioner to the post of
Headmaster subject to the petitioner fulfilling all the other requirements.
This process shall be completed by respondents 3 and 4 within a period
of six (6) weeks from the date of receipt of a copy of this order.
In the result, this writ petition is allowed with the above
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Writ Petition No.31411 of 2024
direction. No costs. Consequently, connected miscellaneous petition is
closed.
22.10.2024
Neutral Citation: Yes/No
Index: Yes/no
Speaking Order/Non-Speaking Order
gm
To
1. The Director of School Education,
DPI Campus, College Road,
Chennai - 600 006.
2. The Chief Educational Officer,
Tiruvarur District,
Tiruvarur.
3. The District Educational Officer,
Tiruvarur Education District,
Tiruvarur.
4. The Block Educational Officer,
Mannargudi Block,
Mannargudi - 614 001.
Tiruvarur District.
5. The Correspondent,
Allaudin Government Aided Primary School,
Nagangudi - 614 101.
Koothanallur Taluk.
Tirurvarur District.
N.ANAND VENKATESH, J
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Writ Petition No.31411 of 2024
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