The Chief Educational Officer vs Central Higher Secondary School
2024 Latest Caselaw 20755 Mad

Madras High Court

The Chief Educational Officer vs Central Higher Secondary School on 23 October, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                                W.A(MD)No.2072 of 2024
                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 23.10.2024

                                                      CORAM :

                            THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                              and
                           THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                             W.A(MD)No.2072 of 2024
                                                     and
                                            CMP(MD)No.14750 of 2024

                1. The Chief Educational Officer,
                Tuticorin District,
                Tuticorin-628 002.

                2. The District Educational Officer,
                Tuticorin-628 215,
                Tuticorin District.                                                ... Appellants

                                                          vs.

                1. Central Higher Secondary School,
                Kayalpatnam-628 204,
                Tuticorin District,
                Represented by its Correspondent.
                2. J Aysha Beevi                                                   ... Respondents


                          Prayer : Appeal filed under Clause 15 of Letters Patent, against the order
                made in W.P(MD)No.29907 of 2023 dated 18.12.2023.


                          For Appellants     : Mr.S.P.Maharajan, Special Government Pleader
                          For R1             : Mr.M.Jerin Mathew
                          For R2             : Mr.B.Subash


https://www.mhc.tn.gov.in/judis
                                                                                       Page No.1 of 4
                                                                                  W.A(MD)No.2072 of 2024
                                                       JUDGMENT

(Judgment of the Court was made by R.SUBRAMANIAN, J.)

The Writ Court had allowed the writ petition and directed approval

of the appointment of the 2nd respondent as B.T. Assistant in Science in the 1st

respondent school. The rejection was on the ground that the incumbent has not

obtained TET qualification and there is a surplus. This Court has repeatedly

held that TET qualification is not required for appointment in minority

institutions and the question of surplus will not arise if the institution is a stand

alone minority institution, unless it is shown that there are surplus teachers in

the very institution. It is admitted that there are no surplus teachers in the 1 st

respondent school on the date of appointment of the 2nd respondent. Hence, the

Writ Appeal is dismissed. The appellants will approve the appointment of the

2nd respondent within a period of twelve weeks from today and also pay all the

salary and other benefits payable to her within the said period. No costs.

Consequently, connected miscellaneous petition is closed.

                                                                    (R.S.M, J.)   (L.V.G, J.)
                                                                          23.10.2024
                Index                     : Yes / No
                Neutral Citation          : Yes / No
                bala

https://www.mhc.tn.gov.in/judis

To

1. The Chief Educational Officer, Tuticorin District, Tuticorin-628 002.

2. The District Educational Officer, Tuticorin-628 215, Tuticorin District.

https://www.mhc.tn.gov.in/judis

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

bala

JUDGMENT MADE IN

DATED : 23.10.2024

https://www.mhc.tn.gov.in/judis