Madras High Court
V.Athisaya Remi Bai vs The Chief Educational Officer on 20 February, 2025
Author: Battu Devanand
Bench: Battu Devanand
W.P(MD).No.4684 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.02.2025
CORAM:
THE HON'BLE MR JUSTICE BATTU DEVANAND
W.P.(MD)No.4684 of 2025
and WMP(MD)No.3369 of 2025
V.Athisaya Remi Bai .... Petitioner
Vs.
1.The Chief Educational Officer,
Tirunelveli, Tirunelveli District.
2.The District Educational Officer (Secondary),
Tirunelveli, Tirunelveli District
Previously placed at Cheranmahadevi
3.The Correspondent,
St.Aloysius Higher Secondary School,
T.Kallikulam,
Tirunelveli District. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying for a Writ of Certiorarified Mandamus calling for the
records relating to the impugned proceedings issued by the second
respondent herein in Na.Ka.No.6040/Aa2/2015 dated 20.02.2017 and
Oo.Mu.No.1030/Aa1/2023 dated 19.03.2024, quash the same and further
direct the respondents 1 and 2 to disburse the yearly Increments and all
other attendant monetary benefits to the petitioner w.e.f date of
appointment i.e 17.08.2011.
For Petitioner : Mr.A.Ajith Geethan
For R1 & R2 : Mr.T.Amjadkhan
Government Advocate
1/6
https://www.mhc.tn.gov.in/judis
W.P(MD).No.4684 of 2025
ORDER
The instant writ petition has been filed by a B.T.Assistant
working in the third respondent School challenging the order passed by the
second respondent in Na.Ka.No.6040/Aa2/2015 dated 20.02.2017 and
Oo.Mu.No.1030/Aa1/2023 dated 19.03.2024.
2.The sanctioning authorities have rejected the proposal
submitted by the management for approving the appointment of the writ
petitioner on the sole ground that the petitioner has not passed Teachers
Eligibility Test (TET) Examination. The petitioner has filed WP(MD).No.
22377 of 2015 before this Court challenging the said order. This Court was
pleased to grant interim direction on 14.12.2015 wherein a direction was
issued to the authorities to grant temporary approval and to pay salary
from the date of appointment. Aggrieved by the same, the respondent
preferred WA(MD)No.404 of 2016 and the same was dismissed on
21.03.2016. Thereafter, WP(MD)No.22377 of 2015 was disposed vide
order dated 14.07.2016 directing the authorities to grant salary alone.
Thereafter, the petitioner's appointment was temporarily approved from the
https://www.mhc.tn.gov.in/judis
date of appointment with condition that the salary alone can be disbursed
without other attendant monetary benefits by the second respondent vide
impugned proceedings dated 20.02.2017. The second respondent therefore
returned the proposal vide proceedings in Oo.Mu.No.1030/Aa4/2023 dated
19.03.2024 stating that since the petitioner has not passed Teacher
Eligibility Test (TET) Exam, yearly increments and attendant monetary
benefits cannot be disbursed. The said orders are under challenge in the
present writ petition.
3. According to the learned counsel for the writ petitioner, the
third respondent School is a minority institution and therefore, a pass in
TET is not mandatory for being appointed to the said institution.
4.Per contra, the learned Government Advocate herein had
contended that the petitioner having not passed TET examination, cannot
be approved for her appointment.
5.I have considered the submissions made on either side and
perused the material records.
https://www.mhc.tn.gov.in/judis
6.The Hon'ble Division Bench of our High Court in a judgment
reported in 2023-3-LW-112 (The Director of School Education D.P.I.
Campus, College Road & others Vs. M.Velayutham & another) in
Paragraph No.74(c) has categorically held that a pass in TET examination
is not mandatory for being appointed in the minority institution.
7. Accordingly, the orders impugned in the writ petition are set
aside. The respondents are directed to approve the appointment of the writ
petitioner with effect from the date of initial appointment with all attendant
benefits and pass orders within a period of 12 weeks from the date of
receipt of a copy of this order.
8.In fine, this writ petition stands allowed to the extent as stated
above. No costs. Consequently, connected miscellaneous petition is closed.
20.02.2025
Index : Yes/No
Internet : Yes/No
NCC: : Yes/No
CM
https://www.mhc.tn.gov.in/judis
To
1.The Chief Educational Officer,
Tirunelveli, Tirunelveli District.
2.The District Educational Officer (Secondary),
Tirunelveli, Tirunelveli District
https://www.mhc.tn.gov.in/judis
BATTU DEVANAND, J.
CM
20.02.2025
https://www.mhc.tn.gov.in/judis
