Madras High Court
The Correspondent vs The Director Of School Education on 19 October, 2024
Author: R.Vijayakumar
Bench: R.Vijayakumar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.10.2024
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD)No.22663 of 2024
and
W.M.P(MD)Nos.19187 & 19189 of 2024
The Correspondent,
St.Mary's Tope Middle School,
Tiruchirapalli – 620 002,
Tiruchirapalli District. ... Petitioner
Vs.
1.The Director of School Education,
College Road, Chennai – 600 006.
2.The Chief Educational Officer,
Tiruchirapalli,
Tiruchirapalli District.
3.The District Educational Officer,
(Elementary Education),
Mannarpuram, Tiruchirapalli,
Tiruchirapalli District.
4.The Block Educational Officer,
Woraiyur, Tiruchirapalli District. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,
to issue a writ of Certiorarified Mandamus, calling for the records relating to the
impugned order passed by the 3rd respondent District Educational Officer in
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1/5
O.Mu.No.1889/A5/2023 dated 31.07.2024, quash the same, and further Direct
the 3rd respondent to approve forthwith the promotion of P.Devachitam Mary
as BT Assistant (Tamil) in the petitioner school w.ef., the date of her promotion
viz., 05.01.2023, with all attendant benefits including arrears of salary.
For Petitioner : M/s.M.F.Rooshi Maas
for M/s.Isaac Chambers
For Respondents : Mr.N.Satheesh Kumar
Additional Government Pleader
ORDER
The instant writ petition has been filed by a Correspondent of an aided
minority institution, challenging the order passed by the third respondent
herein, wherein the appointment of one P.Devachitam Mary as BT
Assistant(Tamil) has not been approved.
2.A perusal of the impugned order reveals that the proposals submitted by
the petitioner's Management for approval of the said appointment has been
rejected on the sole ground that the said candidate has not passed TET
examination.
3.Admittedly, the petitioner's Management is an aided minority
institution and as on today, passing of TET examination is not mandatory for
being appointed as a teacher in a minority institution.
https://www.mhc.tn.gov.in/judis
4.The learned Additional Government Pleader appearing for the
respondents herein by referring to paragraph No.6 of the counter had contended
that as per judgment of the Hon'ble Division Bench in W.A.Nos.313 of 2022,
etc. batch cases, TET is mandatory for the appointment to the post of BT
Assistant and even for promotion.
5.This Court is of the considered opinion that in view of the judgment of
the Hon'ble Division Bench in W.A.Nos.313 of 2022, etc. batch cases, dated
02.06.2023, passing of TET examination is not mandatory for appointment in
the minority institution.
6.In view of the above said deliberations, the order impugned in the writ
petition is hereby set aside and the third respondent is directed to forward the
papers to the second respondent and in turn, the second respondent is directed
to pass orders approving the appointment of P.Devachitam Mary w.e.f.
05.01.2023 with all attendant benefits and pass orders on merits within a period
of twelve weeks from the date of receipt of a copy of this order.
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7.With the above said observations, this writ petition stands allowed. No
costs. Consequently, connected miscellaneous petitions are also closed.
19.10.2024
NCC : Yes/No
Index : Yes/No
Internet: Yes/No
RJR
To
1.The Director of School Education,
College Road, Chennai – 600 006.
2.The Chief Educational Officer,
Tiruchirapalli,
Tiruchirapalli District.
3.The District Educational Officer,
(Elementary Education),
Mannarpuram, Tiruchirapalli,
Tiruchirapalli District.
4.The Block Educational Officer,
Woraiyur, Tiruchirapalli District.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR, J.
RJR
19.10.2024
https://www.mhc.tn.gov.in/judis
