Madras High Court
T.M.Balasubramanian vs The Chief Educational Officer on 23 October, 2024
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P.(MD).No.23988 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.23988 of 2024
and
W.M.P(MD) No.20313 of 2024
T.M.Balasubramanian ... Petitioner
Vs.
1. The Chief Educational Officer,
Tirunelveli Educational District,
Tirunelveli.
2. The District Educational Officer,
Tirunelveli,
Tirunelveli District.
3. The Muslim Higher Secondary School,
Represented by its Correspondent,
Melapalayam,
Tirunelveli District. ... Respondents
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 proceedings of the second respondent in his
proceedings in Oo.Mu.No. 3424/A1/2024, dated 16.05.2024 and quash the
same as illegal and consequently direct the respondents to approve the
1/5
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W.P.(MD).No.23988 of 2024
appointment of the petitioner to the post of B.T.Assistant (History/Social
Science) in the third respondent School with effect from the date of her initial
appointment i.e., 01.07.2023, with all attendant benefits within the time that
may be stipulated by this Court.
For Petitioner : Mr.E.Mareeskumar
For R1 and R2 : Mr.J.Ashok
Additional Government Pleader
ORDER
The present Writ Petition has been filed by a B.T.Assistant (History)
working in the third respondent School, challenging the order passed by the
second respondent, wherein the proposal forwarded by the third respondent
Management for approval of the appointment of the writ petitioner has been
rejected citing various grounds.
2. A perusal of the impugned order reveals that the proposal has been
rejected on the ground that the appointee has not passed TET examination.
The Hon'ble Division Bench of our High Court in paragraph No. 74(c) of the
judgment reported in 2023 (3) LW 112 (The Director of School Education,
D.P.I. Campus, College Road, Chennai -06 and two others Vs. Velayutham
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and another) has categorically held that pass in TET examination is not
mandatory for being appointed as teacher in a Minority Institution. Therefore,
the said reason is not sustainable and therefore it is set aside.
3. The second respondent has further cited G.O.(Ms) No.165, School
Education Department, dated 17.09.2019 for returning the proposal. The
above said Government Order is not in force and therefore, the said reason
cannot be assigned by the authorities.
4. As far as the other reasons pointed out in the impugned order are
concerned, the School Management is directed to comply with the other
directions and resubmit the proposal for approval. In case of re-submission,
the authorities are directed to grant approval for appointment of the writ
petitioner within a period of twelve weeks from the date of receipt of the
proposal.
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5. With the above said observations, this Writ Petitions stands allowed.
There shall be no order as to costs. Consequently connected Miscellaneous
Petition is closed.
23.10.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
To
1. The Chief Educational Officer,
Tirunelveli Educational District,
Tirunelveli.
2. The District Educational Officer,
Tirunelveli,
Tirunelveli District.
3. The Muslim Higher Secondary School,
Represented by its Correspondent,
Melapalayam,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR,J.
ebsi
23.10.2024
https://www.mhc.tn.gov.in/judis
