Madras High Court
Sr.Mary Flora vs The Government Of Tamil Nadu on 27 February, 2025
Author: Battu Devanand
Bench: Battu Devanand
W.P.(MD)No.5253 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.02.2025
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
W.P.(MD)No.5253 of 2025
and
W.M.P(MD)No.3853 of 2025
Sr.Mary Flora,
Presentation Convent Girls Higher Secondary School,
Theni District – 325 531. ... Petitioner
Vs.
1.The Government of Tamil Nadu,
Rep. By its Additional Chief 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,
Theni District.
4.The District Educational Officer (Secondary),
The Office of the District Educational Officer,
Theni District.
5.The Correspondent,
Presentation Convent Girls Higher Secondary School,
Theni District – 625 531. ... Respondents
1/5
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2025 03:02:12 pm )
W.P.(MD)No.5253 of 2025
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, calling for the records relating to
the impugned proceedings, dated 14.08.2024 in Oo.Mu.No.1413/A1/2024 on
the file of the fourth respondent and quash the same in respect of the petitioner,
directing the respondents to approve the appointment of the petitioner Sr.Mary
Flora, working as B.T.Assistant (English) in Presentation Convent Girls Higher
Secondary School, Theni District, with effect from 03.06.2019, with all service
benefits.
For Petitioner : Mr.V.John Kennedy
For R1 to R4 : Mr.M.Siddharthan
Additional Government Pleader
ORDER
The writ petition has been filed challenging the order passed by the fourth
respondent wherein the appointment of the petitioner as B.T.Assistant (English)
has not been approved by the authorities.
2. A perusal of the impugned order dated 11.09.2024 reveals that the
proposal forwarded by the management has been rejected on the sole ground
that the appointee has not passed Teachers Eligibility Test (TET) examination.
Challenging the said order, the present writ petition has been filed.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2025 03:02:12 pm )
3.According to the learned counsel for the writ petitioner, the petitioner is
working in an aided minority institution and therefore, pass in TET is not
mandatory for being appointed as teacher in the said institution.
4. However, the learned Additional Government Pleader appearing for
the respondents 1 to 4 herein has stated that unless the teacher passes TET
examination, the appointment order of the management cannot be approved by
the authorities.
5. I have considered the submissions made on either side and perused the
material records.
6. This issue is no longer res integra. 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 post in TET
examination is not mandatory for being appointed in the minority institution.
Therefore, the order impugned in the writ petition is set aside and the fourth
respondent is directed to approve the appointment of the writ petitioner and pass
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2025 03:02:12 pm )
orders within a period of 12 weeks from the date of receipt of a copy of this
order.
7. In fine, this writ petition stands allowed to the extent as stated above.
No costs. Consequently, connected miscellaneous petition is closed.
27.02.2025
NCC:yes/no
Index:yes/no
Internet:yes/no
Sn
To:
1.The Additional Chief 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,
Theni District.
4.The District Educational Officer (Secondary),
The Office of the District Educational Officer,
Theni District.
5.The Correspondent,
Presentation Convent Girls Higher Secondary School,
Theni District – 625 531.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2025 03:02:12 pm )
BATTU DEVANAND, J.
Sn
27.02.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/03/2025 03:02:12 pm )
