Madras High Court
M.Sunaina Begum vs The Director Of School Education on 22 October, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.31409 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.31409 of 2024
and
W.M.P.Nos.34090 and 34092 of 2024
M.Sunaina Begum
W/o.A.Mohammed Nazar ... 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.
5. The Correspondent,
Allaudin Government Aided Primary School,
Nagangudi - 614 101.
Koothanallur Taluk.
Tirurvarur District. ... Respondents
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Writ Petition No.31409 of 2024
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.4009/A5/2024 dated 15.07.2024 and to quash the same
insofar as insisting TET qualification is concerned and consequently
directing the respondents 3 and 4 to pass orders for granting approval of
appointment of the petitioner in the sanctioned post of Secondary Grade
Teacher in the 5th respondent School from the date of appointment with
effect from 01.02.2024 with all consequential and other attendant
benefits, including payment of arrears of salary from the date of
appointment, based on the proposal resubmitted by the 5th respondent
school dated 26.09.2024.
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
grant approval for appointment of the petitioner in the post of Secondary
Grade Teacher in the fifth respondent school from the date of
appointment with all attendant benefits.
https://www.mhc.tn.gov.in/judis
Writ Petition No.31409 of 2024
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 petitioner was selected and appointed to the post of
Secondary Grade Teacher in the fifth respondent school with effect from
01.02.2024. The further case of the petitioner is that she was appointed in
a sanctioned post as per the staff fixation order issued for the academic
year 2023-2024.
4. The proposal was submitted by the fifth respondent school
before the fourth respondent. The fourth respondent, through impugned
proceedings dated 15.07.2024, has returned the proposal by stating
various reasons. The petitioner is aggrieved by only one reason, which
touches upon the TET qualification. The specific case of the petitioner is
that all other reasons that have been stated in the impugned proceedings
have been fulfilled by the fifth respondent and the proposal will be re-
submitted. It is under these circumstances, the present writ petition came
to be filed before this Court.
https://www.mhc.tn.gov.in/judis
Writ Petition No.31409 of 2024
5. Taking into consideration the specific ground raised by the
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 appointed as a teacher.
There is no dispute that the fifth respondent school is a minority school.
6. 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 the appointment of the petitioner to the post
of Secondary Grade Teacher from the date of appointment, 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.
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Writ Petition No.31409 of 2024
In the result, this writ petition is allowed with the above
direction. No costs. Consequently, connected miscellaneous petitions are
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
https://www.mhc.tn.gov.in/judis
Writ Petition No.31409 of 2024
N.ANAND VENKATESH, J
gm
Writ Petition No.31409 of 2024
22.10.2024
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