Madras High Court
Teachers Recruitment Board vs Jefry Stairish on 19 February, 2025
Author: J.Nisha Banu
Bench: J.Nisha Banu, S.Srimathy
W.A(MD)Nos.309 to 313 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.02.2025
CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)Nos.309 to 313 of 2025
and
CMP(MD)Nos.2387, 2389, 2390, 2393 and 2396 of 2025
W.A(MD)No.309 of 2025:
1. Teachers Recruitment Board,
Represented by its Chairman,
3rd Floor, Puratchi Thalaivar Dr.MGR Centenary Building,
DPI Campus, College Road,
Chennai - 600 006.
2. Teachers Recruitment Board,
Represented by its Member Secretary,
3rd Floor, Puratchi Thalaivar Dr.MGR Centenary Building,
DPI Campus, College Road,
Chennai - 600 006. ... Appellants
vs.
1. Jefry Stairish
2. Director of School Education,
DPI Campus,
Chennai-6.
3. The Director of School Education,
DPI Campus,
Chennai-6. ... Respondents
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W.A(MD)Nos.309 to 313 of 2025
PRAYER : Writ Appeal filed under Clause 15 of the Letters
Patent, against the order dated 02.08.2024 made in W.P(MD)No.18804 of
2024.
For Appellants : Mr.V.R.Shanmuganathan
For R1 : Mr.T.Lajapathi Roy, Senior Counsel for
Mr.T.Aswin Raja Simman
For R2 : Mr.J.Ashok
Additional Government Pleader
W.A(MD)Nos.310 to 313 of 2025:
The Chairman,
Teachers Recruitment Board,
College Road,
Nungambakkam,
Chennai - 600 006. ... Appellant in W.A(MD)Nos.310 to 313 of 2025
vs.
M.Suresh ... R1 in W.A(MD)No.310/2025
P.Nithish ... R1 in W.A(MD)No.311/2025
R.Anila ... R1 in W.A(MD)No.312/2025
S.Mohamed Haris ... R1 in W.A(MD)No.313/2025
2. The State of Tamilnadu,
Rep by its Secretary to Government,
School Education Department,
St. George Fort, Chennai - 600 009.
3. The Director of School Education,
School Education Department,
College Road, Nungambakkam,
Chennai - 600 006. ... R2 and R3 in W.A(MD)Nos.310 to 313 of 2025
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W.A(MD)Nos.309 to 313 of 2025
PRAYER : Writ Appeals filed under Clause 15 of the Letters
Patent, against the common order dated 02.08.2024 made in
W.P(MD)Nos.18387, 18386, 18388 and 18389 of 2024.
W.A(MD)Nos.310 to 313 of 2025:
For Appellant : Mr.V.R.Shanmuganathan
For R2 & R3 : Mr.J.Ashok
Additional Government Pleader
W.A(MD)Nos.311 to 313/2025:
For R1 : Mr.H.Mohammed Imran for
M/s.Ajmal Associates
COMMON JUDGMENT
(Judgment of the Court was made by J.NISHA BANU, J.)
These writ appeals are filed against the common order dated
02.08.2024 made in W.P(MD)Nos.18804, 18387, 18386, 18388 and 18389
of 2024.
2. The facts leading to the filing of these writ appeals are as
follows:
The 1st respondent in all the writ appeals / writ petitioners
appeared in the examination for direct recruitment to the posts of
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W.A(MD)Nos.309 to 313 of 2025
Graduate Assistant / Block Resource Teacher Educators (BRTE)-2023,
called for by the Teachers Recruitment Board. They have also possessed
the qualification of Teacher Eligibility Test(TET). They were successful
in the written examination and thereafter, they participated in the
certificate verification. However, their candidature were rejected on the
ground that they were not pursuing final year of B.Ed., degree when
they appeared for the Teacher Eligibility Test. Challenging such
rejection, the 1st respondent in all these appeals filed writ petitions.
2.1. Before the Writ Court, the 1st respondent in all the appeals
had contended that as per the Notification No.1 / 2022 of the Teachers
Recruitment Board (TRB), dated 07.03.2022, any candidate having
qualified in B.Ed., programme recognised by the National Council for
Teacher Education (NCTE), or a person who is pursuing any of the
Teacher Education Course, is eligible to apply to the said post and
therefore, the rejection of the candidature, stating that the writ
petitioners were pursuing second year of B.Ed., degree, while they
appeared in the Teacher Eligibility Test, is arbitrary.
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W.A(MD)Nos.309 to 313 of 2025
2.2. Countering to the said contentions, the department had
contended before the Writ Court that merely because the writ
petitioners were allowed to write the written examination, it does not
mean that they are the eligible candidates, yet they have to satisfy the
eligibility criteria as per the recruitment notification. In this regard, the
Writ Court took note of the clarificatory letter dated 04.08.2022 issued by
the National Council for Teachers Education pursuant to the judgment
of the Hon'ble Supreme Court in Omkar Singh and others vs. State of
Uttar Pradesh and others, reported in (2021) 14 SCC 486. Holding that
the word 'pursuing' finds place in the recruitment notification can only
mean undergoing or proceeding further and a limited interpretation that
the candidate who is pursuing the requisite course should be in the final
year, cannot be given, the Writ Court set aside the impugned rejection
order insofar as the 1st respondent in these appeals are concerned and
allowed the writ petitions. The relevant passage of the common order
passed by the Writ Court is worth reproduction:
''8. The above clarification has been consequent to the order
made by the Hon’ble Supreme Court in Civil Appeal No.5564/2019
(arose from S.L.P.(C).No.16698 of 2018 and it was disposed of on
16.07.2019. In fact, the subject matter of the above proceedings is
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W.A(MD)Nos.309 to 313 of 2025
the interpretation for the word “pursuing” adopted in similar such
Notification issued by the State of Punjab. A doubt was raised by
some of the candidates with regard to the word “Pursuing”. While
disposing of those litigations, the Hon'ble Supreme Court has given
the following order:
“Para 8.3 ... as per dictionary meaning, the word
“Pursuing” means undergoing and / or proceeding further.
Therefore, a candidate who has been admitted in any of the TTC
and undergoing the teacher training course (TTC) can be said
to be “Pursuing” such teacher training course and shall be
eligible to appear in the TET examination, irrespective of the
fact that whether, by the last date specified for filling up the
online form for TET examination, he has, in fact, appeared in
the examination of the concerned teacher training course and
the result is awaited. “Pursuing” the requisite teacher training
course is sufficient to make such a candidate eligible to appear
in the TET examination. Therefore, on a fair reading of Clause
5(ii) of the NCTE guidelines, a person who has been admitted in
TTC and is pursuing, he / she can appear in the TET
examination”....
Para 8.4......Therefore, it is clear that the respective
appellants herein whose appointments were challenged were
eligible to appear in the TET examination at the time they were
“Pursuing” the concerned TTC. Thus, we hold that the decision
of the High Court, to the aforesaid extent, is not sustainable.
The impugned orders of the High Court are accordingly
modified to the aforesaid extent....”
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W.A(MD)Nos.309 to 313 of 2025
9. The National Council for Teachers Education has accepted
the clarity given by the Hon'ble Supreme Court in the above said
order, wherein, it is clarified that ‘pursuing’ can only mean
undergoing or proceeding further. So, it is further clarified that a
limited interpretation that the candidate who is pursuing the
requisite course should be in the final year examination, cannot be
given. So a person who is undergoing the course can also appear in
TET Examination. In similar lines, a clarification has been issued by
NCTE to the Directorate of Education stating that the person who
has been admitted in the training course and pursuing can appear in
the TET Examination. When the National Council for Teacher
Education itself has given the above clarification, to the terms of the
Notification issued by the TRB, the Government of Tamil Nadu
should also need to read it in the same spirit. Even by looking at the
apparent terms under 3(b) of the Notification, seven educational
requirements are contemplated. One of the criteria is graduation
with at least 50% marks and pass or appearing in final year B.Ed.,
(Special Education) and another option is that any candidate having
qualified B.Ed., programme recognized by the NCTE and they are
eligible to appear for Tamil Nadu Teacher Eligibility Test (TET).
10. A special reference has been made about the above
clarificatory note issued by the National Council to the Guidelines
issued by the NCTE and it is stated that a person who is pursuing
any of the Teacher Education course recognized by NCTE or the
person who has been admitted in Teacher Training Course, as the
case may be, is also qualified to appear in the TET examination. So,
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W.A(MD)Nos.309 to 313 of 2025
these petitioners, who have been undergoing the Teacher education
course either by pursuing B.Ed., (Special Education) or any other
B.Ed., programme (which is recognized by the NCTE) are also
eligible to appear for TET examination.
11. Even if the candidates who cannot fit themselves under the
sixth eligibility stated in the Notification can find themselves fit
under the 7th eligibility. These petitioners having themselves found in
one of the eligibility criteria had appeared for TET examination and
got it cleared. There is no dispute with regard to their TET pass. The
only objection is that at the time when they appeared for TET they
have been pursuing second year teacher education course and not in
the final year.
12. The very purpose of giving a clarificatory note issued by
the National Council for Teacher Education, dated 04.08.2022, only
to allege the above said doubt and in which has has been made very
clear that the Hon'ble Supreme Court has held that the candidate
should have pursued the Teacher Education Course irrespective of
the year in which the candidates happened to appear for the TET
Examination is eligible. The TRB has misconstrued its Notification
and has interpreted the same without aid of the clarificatory note
also given by the National Council for Teacher Education on
04.08.2022 and also the judgment given by the Hon'ble Supreme
Court in Civil Appeal No.5564 of 2019 (arose from SLP (C) No.
16698 of 2018 which was disposed of on 16.07.2019) and rejected
these candidates on the premises that they were not in the final year
of the Teacher education course when they appeared for TET.
13. Even if the candidates who cannot fit themselves under the
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W.A(MD)Nos.309 to 313 of 2025
sixth eligibility stated in the Notification can find themselves fit
under the 7th eligibility. These petitioners having themselves found in
one of the eligibility criteria had appeared for TET examination and
got it cleared. There is no dispute with regard to their TET pass.
The only objection is that at the time when they appeared for TET
they have been pursuing second year teacher education course and
not in the final year.
......
17. Since the matter is no longer a res integra, in view of the
earlier judgment given in this regard by the Hon'ble Supreme Court
as referred to above, I feel that it is not fair and proper on the part of
the TRB to reject the candidature of these petitioners and place them
under the ineligible list.
18. In view of the above reasons, these Writ Petitions are
allowed and the impugned ineligibility list issued by the Chairman,
Teachers Recruitment Board vide impugned proceedings Nil dated
18.07.2024, 22.07.2024, 23.07.2024, 25.07.2024 and 20.07.2024
respectively are liable to be set aside insofar the petitioners are
concerned and the Chairman, Teachers Recruitment Board is
directed to include the petitioners' name, in case, they have reached
the zone of selection and the Chairman, Teachers Recruitment Board
is further directed to revise the selection list and publish the same for
further process on the side of the Government within a period of two
weeks from the date of receipt of a copy of this order. No costs.
Consequently, connected miscellaneous petitions are closed.''
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W.A(MD)Nos.309 to 313 of 2025
3. Though the learned counsel appearing for the Teachers
Recruitment Board in all these appeals have contended that as per the
TET Notification No.01/2022 dated 07.03.2022, the candidates either
passed or appearing for the final year examination of the teacher
training course alone are eligible to write TET, admittedly, the writ
petitioners, who were stated to be pursuing second year of B.Ed., degree
at the time of writing their TET examination, have cleared their TET and
obtained certificates. Therefore, it is known on what basis the Teachers
Recruitment Board permitted the writ petitioners and issued the TET
certificates to them.
4. The crux of the contention of the Teachers Recruitment
Board is that the writ petitioners were not pursuing final year of B.Ed.,
degree when they appeared for the Teacher Eligibility Test. As rightly
held by the Writ Court, the said contention is no longer res integra, in
view of the decision of the Apex Court in Omkar Singh and others vs.
State of Uttar Pradesh and others, reported in (2021) 14 SCC 486,
wherein, it has been categorically held that declaration of the result,
appearing in the examination or the date of filling up of the forms, etc.,
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W.A(MD)Nos.309 to 313 of 2025
cannot be the criteria to appear in the TET examination. The relevant
observation of the Supreme Court is extracted hereunder:
''7.1 The issue involved in the present appeals is the meaning
and interpretation of the word "pursuing" as appearing in Clause
5(ii) of the NCTE guidelines. The question for consideration is the
eligibility criteria to appear in the TET examination. It is apparent
from the reading of the guidelines framed by the NCTE - para 5 that
the incumbents who have acquired the qualification academic as well
as professional can apply for TET examination. The second category
of candidates who can apply for TET examination is those who are
"pursuing" any teacher training course (TTC). The meaning of
"pursuing" is a person who is undergoing any of the teacher training
course (TTC). He/she must have been admitted and pursuing the
teacher training course which is prescribed as a qualification.
Declaration of the result, appearing in the examination or date of
filling up of the forms, etc. cannot be the criteria to appear in the TET
examination. Therefore, a candidate who is undergoing i.e.,
"pursuing" the requisite teacher training course (TTC) shall be
eligible to appear in the TET examination.''
5. Pursuant to the above judgment of the Apex Court, the
National Council for Teachers Education has issued a clarificatory letter
dated 04.08.2022, stating that the person who has been admitted in the
training course and pursuing can appear in the TET examination. As
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W.A(MD)Nos.309 to 313 of 2025
rightly observed by the Writ Court, the TRB has misconstrued its
notification and has interpreted the same without the aid of the
clarificatory letter dated 04.08.2022, issued by the National Council for
Teacher Education and the judgment of the Hon'ble Supreme Court in
Omkar Singh's case (supra). Therefore, the rejection of the candidature
of the 1st respondent in all the appeals on the ground that they were not
pursuing B.Ed final year, while they were appearing in TET
examination, is not justified. The learned Judge has considered the issue
in proper perspective and has set aside the impugned rejection order
insofar as the writ petitioners are concerned. We do not find any
infirmity or illegality to interfere with the reasoned order passed by the
learned Judge.
6. Accordingly, all the Writ Appeals are dismissed. No costs.
Consequently, connected miscellaneous petitions are closed.
[J.N.B, J.] [S.S.Y, J.]
19.02.2025
Index : Yes / No
Neutral Citation : Yes / No
bala
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W.A(MD)Nos.309 to 313 of 2025
To
1. The Chairman,
Teachers Recruitment Board,
3rd Floor, Puratchi Thalaivar Dr.MGR Centenary Building,
DPI Campus, College Road,
Chennai - 600 006.
2. The Member Secretary,
Teachers Recruitment Board,
3rd Floor, Puratchi Thalaivar Dr.MGR Centenary Building,
DPI Campus, College Road,
Chennai - 600 006.
3. The Secretary to Government,
State of Tamilnadu,
School Education Department,
St. George Fort, Chennai - 600 009.
4. The Director of School Education,
School Education Department,
College Road, Nungambakkam,
Chennai - 600 006.
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W.A(MD)Nos.309 to 313 of 2025
J.NISHA BANU, J.
AND
S.SRIMATHY, J.
bala
COMMON JUDGMENT MADE IN
W.A(MD)Nos.309 to 313 of 2025
DATED : 19.02.2025
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