Madras High Court
A.Jenoris Kagoo vs The Government Of Tamil Nadu on 30 September, 2024
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P.(MD).No.21954 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.21954 of 2024
and
W.M.P(MD) No.18597 of 2024
A.Jenoris Kagoo,
St. Antony's Higher Secondary School,
Palayakayal,
Tuticorin District. ... Petitioner
Vs.
1. The Government of Tamil Nadu,
Represented by its Additional Secretary,
Department of School Education,
Fort St. George,
Chennai – 9.
2. The Director of School Education,
DPI Campus,
College Road,
Chennai – 6.
3. The Chief Educational Officer,
The Office of the Chief Educational Officer,
Tuticorin District.
4. The District Educational Officer (Secondary)
The Office of the District Educational Officer,
Tuticorin District.
1/7
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.21954 of 2024
5. The Correspondent,
St. Antony's Higher Secondary School,
Palayakayal,
Tuticorin 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 pertaining to the impugned proceedings dated ... .07.2024, in O.Mu.
No.2854/AA2/2024, on the file of the fourth respondent and quash the same,
in respect of the petitioner, directing the respondents to approve the
promotion of the petitioner Mr.A.Jenoris Kagoo, working as Headmaster, in
ST.Antony's Higher Secondary School, Palayakayal, Tuticorin District, w.e.f
01.08.2023, with all service benefits.
For Petitioner : Mr.FR S.Savarimuthu
for M/s.Father Xavier Associates
For R1 to R4 : Mr.N.Satheesh Kumar
Additional Government Pleader
ORDER
The instant Writ Petition has been filed by a B.T.Assistant Teacher
working in the fifth respondent School, challenging the order passed by the
fourth respondent herein, wherein the proposal of the Management for
promoting him to the post of Headmaster in the fifth respondent school has
been rejected.
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2. A perusal of the impugned order reveals that the Management has
promoted the writ petitioner from the post of B.T Assistant to the post of
Headmaster. When the proposal reached the fourth respondent herein, under
the impugned order dated 27.07.2024, he has rejected the same primarily on
the ground that the petitioner has not passed the TET examination. This order
is under challenge in the present writ petition.
3. According to the learned counsel appearing for the writ petitioner, as
per the judgment of the Honble Division Bench of this Court in W.A.No.313
of 2022 and batch cases, dated 02.06.2023, a pass in TET examination is not
mandatory for being appointed as a teacher or for effecting promotion in a
Minority Institution. Admittedly, the fifth respondent Management is a
Minority Institution and therefore, the educational authorities cannot insist
upon to pass in TET examination for considering the approval or for
promotion of the writ petitioner.
4. Per contra, the learned Additional Government Pleader appearing for
the respondents 1 to 4 had contended that the petitioner having not passed the
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TET examination would not be entitled to the promotion from the post of B.T
Assistant to the post of Headmaster.
5. I have carefully considered the submissions made by the learned
counsel on either side and perused the materials available on record.
6. The Hon'ble Division Bench of this Court in Paragraph 71.1 of the
judgment in W.A.No.313 of 2022 and batch cases, dated 02.06.2023, has
clarified, that, for being appointed as a teacher in a minority institution, a pass
in TET examination is not mandatory. Once the Hon'ble Division Bench has
held that a pass in TET examination is not mandatory for being appointed as a
teacher in a minority institution, it follows that the appointee would be
entitled to all other consequential benefits including payment of annual
increments.
7. In view of the Division Bench judgment of our High Court, as on
today, pass in TET examination is not mandatory for being appointed as a
teacher in a minority institution and it equally applies to a case where already
working teacher was promoted to the post of Headmaster. Considering the
fact that the fifth respondent school is an Aided School, up to the level of the
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High School, the petitioner, being a B.T.Assistant, is eligible to be promoted
to the post of Headmaster for that school. The fourth respondent herein is
only a forwarding authority to the third respondent for approving the
promotion of the writ petitioner.
8. Considering the above said facts, the order of the fourth respondent
impugned in the writ petition is hereby set aside. The fourth respondent is
directed to forward the proposal to the third respondent for passing orders.
The third respondent is directed to pass orders, in the light of the observation
made above, within a period of twelve weeks from the date of receipt of a
copy of this order.
9. With the above said observations, this Writ Petition stands allowed
to the extent as stated above. There shall be no order as to costs.
Consequently connected Miscellaneous Petition is closed.
30.09.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
https://www.mhc.tn.gov.in/judis
To
1. The Additional Secretary,
Department of School Education,
Fort St. George,
Chennai – 9.
2. The Director of School Education,
DPI Campus, College Road,
Chennai – 6.
3. The Chief Educational Officer,
The Office of the Chief Educational Officer,
Tuticorin District.
4. The District Educational Officer (Secondary)
The Office of the District Educational Officer,
Tuticorin District.
5. The Correspondent,
St. Antony's Higher Secondary School,
Palayakayal,
Tuticorin District.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR,J.
ebsi
30.09.2024
https://www.mhc.tn.gov.in/judis
