Madras High Court
The Correspondent vs The State Of Tamil Nadu on 27 February, 2025
Author: Battu Devanand
Bench: Battu Devanand
W.P(MD).No.1476 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.1476 of 2025
and WMP(MD).Nos.1048 and 1049 of 2025
The Correspondent
St.John's Girls Higher Secondary School,
Kodaikanal – 624 101
Dindigul District. ....Petitioner
Vs
1.The State of Tamil Nadu,
Rep. by its Secretary,
Department of School Education,
Fort St.George, Chennai – 600 009.
2.The Director of School Education
College Road, Chennai 600 009
3.The Chief Educational Officer
Dindigul, Dindigul District
4.The District Educational Officer(Secondary),
Palani, Dindigul District ....Respondents
Prayer: This Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus, calling for the records relating to
the impugned proceedings issued by the third respondent Chief Educational
Officer in Moo.Mu.No.6140/Aa1/2024 dated 11.2024(signed as 27.11.2024)
and the consequential proceedings of the fourth respondent DEO in
Moo.Mu.No.2595/A2/2023 dated 06.12.2024, quash the same and further
direct the 3rd and 4th respondents to approve the appointment of S.Lourdes
Prasanna Kumari as BT Assistant (Science) in the petitioner School w.e.f.
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1/5
W.P(MD).No.1476 of 2025
03.09.2019 with all attendant benefits including the arrears of salary thereon.
For Petitioner : Mr..M.F.Rooshi Maas
For M/s.Isaac Chambers
For Respondents : Mr.M.Siddharthan
Additional Government Pleader
ORDER
The instant writ petition has been filed by a management of an aided
minority institution challenging the order passed by the third respondent
wherein the appointment of one S.Lourdes Prasanna Kumari as BT Assistant
(Science) has not been approved by the authorities.
2.A perusal of the impugned order in Moo.Mu.No.6140/Aa1/2024
dated .11.2024 (signed as 27.11.2024) 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.
3.According to the learned counsel for the writ petitioner, the petitioner
management is 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 herein has stated that unless the teacher passes TET
examination, the appointment order of the management cannot be approved
by the authorities.
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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 second respondent is directed to approve the appointment of the
writ petitioner and pass 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.
There shall be no order as to costs.
Consequently, connected miscellaneous petitions are closed.
27.02.2025
Internet : Yes/No
Index : Yes/No
NCC : Yes/No
CM
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To
1.The State of Tamil Nadu,
Rep. by its Secretary,
Department of School Education,
Fort St.George, Chennai – 600 009.
2.The Director of School Education
College Road, Chennai 600 009
3.The Chief Educational Officer
Dindigul, Dindigul District
4.The District Educational Officer(Secondary),
Palani, Dindigul District
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BATTU DEVANAND, J.
CM
and WMP(MD).Nos.1048 and 1049 of 2025
27.02.2025
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