Madras High Court
Mrs.R.Padmavathi vs The Government Of Tamil Nadu on 23 January, 2025
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P.(MD)No.28561 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.01.2025
CORAM:
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
W.P.(MD)No.28561 of 2024
and WMP(MD).No.24212 of 2024
Mrs.R.Padmavathi ... Petitioner
Vs.
1.The Government of Tamil Nadu
Represented 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
Tirunelveli District
4.The District Educational Officer (Secondary)
The Office of the District Educational Officer
Tirunelveli District
5.The Correspondent
Senaithalaivar Higher Secondary School
Tirunelveli, Tirunelveli District .....Respondents
1
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.28561 of 2024
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying for a Writ of Certiorarified Mandamus, calling for the records pertaining
to the impugned proceedings, dated 26.10.2024 in O.Mu.No.8730/A2/2024 on the
file of the third respondent and quash the same in respect of the petitioner,
directing the respondents to approve the appointment of the petitioner
Mrs.R.Padmavathi, working as B.T.Asst.(Maths) in Senaithalaivar Higher
Secondary School, Tirunelveli, Tirunelveli District w.e.f.12.06.2023, with all
service benefits.
For Petitioner : Mr.S.Savarimuthu
For M/s.Father Xavier Associates
For Respondents :Mr.N.Satheesh Kumar
Additional Government Pleader
ORDER
The present writ petition has been filed by a B.T.Assistant (Maths) Teacher
appointed to the fifth respondent School challenging the order passed by the third
respondent herein wherein the proposal submitted by the management for
approving her appointment has been rejected.
2.A perusal of the impugned order reveals that on retirement of Secondary
Grade Teacher, the said post has been upgraded as B.T.Assistant (Maths) and the
in the said post, the petitioner has been appointed. The impugned order points out
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that without obtaining prior permission, upgradation has been made and
therefore, approval cannnot be granted. The order further points out that the
petitioner having not passed TET examination, is not eligible to be appointed and
therefore, the question of granting approval would not arise.
3.The learned counsel appearing for the writ petitioner submits the fifth
respondent School is a stand alone minority institution and therefore, there are no
surplus Secondary Grade Teachers. In such circumstances, the upgradation of the
post of Secondary Grade Teacher to that of the B.T.Assistant is automatic and no
prior permission is required. The institution being a minority institution, a pass in
TET examination is not mandatory.
4.The learned Additional Government Pleader appearing for the
respondents had contended that as far as the staff fixation order for the academic
year 2022-2023, a B.T.Assistant (Maths) Teacher post has been declared to be
surplus with teacher. Therefore, the authorities have to verify whether the
appointment of the writ petitioner is within the staff fixation order or not.
5.Heard both sides and perused the material records.
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
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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 as a teacher in the minority institution. Therefore, such a reason
assigned in the impugned order is not legally sustainable. The fifth respondent
School is a stand alone institution, the staff fixation order for the academic year
2022-2023 has to be taken into consideration to find out whether there are any
surplus Secondary Grade Teacher.
7.A perusal of the said staff fixation order reveals that there are no surplus
Secondary Grade Teacher for the academic year 2022-2023. Therefore, the
question of seeking prior permission for upgradation does not arise and the
upgradation is automatic in view of policy decision of the Government.
8.In view of the above said deliberations, this Court passes the following
orders:
a) The order impunged in the writ petition is set aside and the matter is
remitted back to the file of the third respondent.
b) The third respondent shall verify whether the appointment of the writ
petitioner is within the two sanctioned post of B.T.Assistants for the academic
year 2022-2023.
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c)In case, if the appointment is within the sanctioned post, shall proceed to
pass orders approving the appointment of the writ petitioner with effect from
12.06.2023 and pass orders within a period of twelve (12) weeks from the date of
receipt of a copy of this order.
9.With the above said observations, this writ petition stands allowed. No
costs. Conseuquently, connected miscellaneous petition is closed.
23.01.2025
Index : Yes/No
Internet : Yes/No
NCC: : Yes/No
msa
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To
1.The Additional Chief Secretary
Government of Tamil Nadu
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
Tirunelveli District
4.The District Educational Officer (Secondary)
The Office of the District Educational Officer
Tirunelveli District
5.The Correspondent
Senaithalaivar Higher Secondary School
Tirunelveli, Tirunelveli District
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR, J.
msa
23.01.2025
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