Madras High Court
D. Praburaj vs The Director Of School Education on 20 February, 2025
Author: C.V. Karthikeyan
Bench: C.V. Karthikeyan
W.P.No. 3669 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 20.02.2025
CORAM:
THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN
W.P.No.3669 of 2024 and
W.M.P. No.3959 of 2024
D. Praburaj ... Petitioner
vs
1. The Director of School Education,
DPI Campus, College Road,
Chennai 600 006.
2. The Chief Educational Officer,
Kanchipuram District,
Kanchipuram.
3. The District Educational Officer (Secondary),
Kanchipuram Educational District,
Kanchipuram District.
4. The Correspondent,
Anderson Higher Secondary School,
Kanchipuram 631 501. ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of
India praying to issue a Writ, order, or direction more particularly a writ
in the nature of Writ of Certiorarified Mandamus to call for the records
relating to the impugned proceedings issued by the 3rd respondent in
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1/7
W.P.No. 3669 of 2024
Na.Ka. No.2095/Aa1/2021 dated 25.05.2022 and to quash the same and
consequently directing the respondents 1 to 3 to approve the appointment
of petitioner in the post of B.T. Assistant (English) in 4th respondent
school with effect from 22.10.2018 with all consequential and other
attendant benefits, including the arrears of salary.
For Petitioner : Mr. S. Nedunchezhiyan
For R1 to R3 : Mrs. S. Mythereye Chandru
Special Government Pleader
ORDER
This Writ Petition has been filed in the nature of a certiorarified
Mandamus seeking the records relating to the proceedings issued by the
third respondent dated 25.05.2022 and to quash the same.
2. The petitioner seeks a consequential direction against the
respondents 1 to 3 to approve the appointment of the petitioner as B.T.
Assistant (English) in the fourth respondent school with effect from
22.10.2018 together with consequential and other attendant benefits
including arrears of salary.
3. In the affidavit filed in support of this Writ Petition it had been
contended that the fourth respondent school, Anderson Higher Secondary
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School at Kancheepuram, is a Christian Minority Institution coming
under the management of Church of South India. There are about 2700
students studying the said school. It is an aided religious minority
institution. It had been further contended that owing to the retirement of
a secondary grade teacher, a vacancy had arisen on and from 01.06.2017.
It was also contended that being a minority institution, the G.O. M.S.
No.144, School Education Department dated 04.07.2008 would not be
directly applicable to the fourth respondent school and the fourth
respondent school would have the right to upgrade the post to B.T.
Assistant. It had also been stated that the fourth respondent school being
a minority institution and recognised as a minority institution, could also
appoint teachers not qualified in Teacher Eligibility Test (TET).
4. The impugned order proceeds on the basis that the fourth
respondent school had upgraded the post of secondary grade teacher to
B.T. Assistant and therefore, placing reliance on G.O. M.S. No.144
dated 04.07.2008, had refused to grant approval to the appointment of the
petitioner. In the impugned order it had also been contended that the
petitioner was not qualified in TET examination and therefore, was not
eligible to be considered for appointment to the post of B.T. Assistant
https://www.mhc.tn.gov.in/judis
teacher. But, however, both the issues no longer survive adjudication by
this Court since, with respect to the application or otherwise of G.O.
M.S. No.144 of 04.07.2008, it had been contended by the learned counsel
for the petitioner that a Division Bench of this Court by a judgment
reported in 2016 SCC Online Mad 26972 (A.Firdose Begum vs. The
Secretary to Government, School Education Department of Tamil
Nadu, Chennai) had very categorically stated that a minority school
would have the right to upgrade the sanctioned post. This observation by
the Division Bench was issued with specific reference to G.O. M.S.
No.144, School Education Department dated 04.07.2008. That
observation by the Division Bench is binding on this Court.
5.With respect to the second issue of qualification of TET
examination, again a Division Bench of this Court in W.A. No.19 of
2023 batch, by an order dated 14.06.2023, issued a clarification that
TET is not a necessary mandate for teachers appointed in minority
schools. An earlier Division Bench judgment had so stated and it was
clarified that the observation of mandatory requirement, and it had been
very specifically stated that the principle laid down, namely, that
qualification in TET is a necessary mandate for teachers, would not be
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applicable for teachers appointed to minority institutions. It is thus
clear that the impugned order necessarily has to be set aside and
interfered with and it is set aside .
6. The Writ Petition stands allowed. A direction is given to the
second / third respondent to grant approval of the appointment of the
petitioner to the post of B.T. Assistant (English) on and from 22.10.2018
and also grant approval for disbursement of consequential and all other
benefits which were attached to the post of B.T. Assistant (English) and
pass appropriate orders within a period of ten (10) weeks from the date of
receipt of a copy of this order.
7. With the above directions, this Writ Petition stands allowed. No
costs. Consequently connected miscellaneous petition is closed.
20.02.2025
Internet : Yes / No
Index: Yes / No
Speaking order / Non speaking order
Bga
https://www.mhc.tn.gov.in/judis
To
1. The Director of School Education,
DPI Campus, College Road,
Chennai 600 006.
2. The Chief Educational Officer,
Kanchipuram District,
Kanchipuram.
3. The District Educational Officer (Secondary),
Kanchipuram Educational District,
Kanchipuram District.
4. The Correspondent,
Anderson Higher Secondary School,
Kanchipuram 631 501.
https://www.mhc.tn.gov.in/judis
C.V. KARTHIKEYAN, J.
bga
W.P.No.3669 of 2024 and
20.02.2025
https://www.mhc.tn.gov.in/judis
