Madras High Court
A.Cecily Josephin Jeya vs The Director Of Elementary Education on 30 January, 2025
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P(MD).No.30076 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.01.2025
CORAM:
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
W.P.(MD)No.30076 of 2024
A.Cecily Josephin Jeya
Secondary Grade Teacher
RC Primary School
Veikalipatti, Tenkasi District .... Petitioner
Vs.
1.The Director of Elementary Education
College Road, Chennai 06
2.The District Educational Officer (Elementary)
Tenkasi, Tenkasi District
3.The Block Educational Officer
Kadayam, Tenkasi District
4.The Correspondent
RC Primary School
Veikalipatti, Tenkasi 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 District Educational Officer (Elementary) in O.Mu.No.
1427/Aa2/2021 dated 17.12.2021, quash the same and further direct the
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W.P(MD).No.30076 of 2024
respondents to sanction monetary benefits attached to the post of
Secondary Grade Teacher viz., Annual Increments, Earned Leave Arrears
etc including the re-fixation of salary towards VIIth Pay Commission on
part with similarly placed persons in the fourth respondent school.
For Petitioner : Mr.S.Xavier Rajini
For Respondents : Mr.T.Amjadkhan
Government Advocate for R1 to R3
ORDER
The instant writ petition has been filed by a Secondary Grade
Teacher working in the fourth respondent School challenging the order
passed by the second respondent wherein the request of the petitioner for
grant of monetary benefits like annual increment and other benefits have
been rejected.
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.
6018 of 2021 before this Court challenging the said order. This Court was
pleased to allow the writ petition on 18.03.2021 wherein a direction was
issued to the authorities to consider and pass orders. Since the order was
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not complied with, the petitioner had filed Contempt Petition in
C.P(MD).No.2210 of 2024. Pending Contempt Petition, the authorities
have passed an order on 17.12.2021 rejecting the request of the petitioner
for approval for non-passing of TET examination. The said order is under
challenge in the present writ petition.
3.A perusal of the impugned order reveals that the proposal of
the management for approving the appointment of the writ petitioner has
been rejected on the sole ground that the petitioner has not passed TET
Examination. This order is put to challenge challenge in the present writ
petition.
4.According to the learned counsel for the writ petitioner, the
fourth respondent School is a minority institution and therefore, a pass in
TET is not mandatory for being appointed to the said institution.
5.Per contra, the learned Government Advocate herein had
contended that the petitioner having not passed TET examination, cannot
be approved for her appointment.
6.I have considered the submissions made on either side and
perused the material records.
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7.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. Therefore,
the reason assigned in the impugned order for rejecting the approval for
the appointment of the writ petitioner is not legally sustainable. Therefore,
the order impugned in the writ petition is 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 petitions are
closed.
30.01.2025
Index : Yes/No
Internet : Yes/No
NCC: : Yes/No
msa
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To
1.The Director of Elementary Education
College Road, Chennai 06
2.The District Educational Officer (Elementary)
Tenkasi, Tenkasi District
3.The Block Educational Officer
Kadayam, Tenkasi District
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R.VIJAYAKUMAR, J.
msa
30.01.2025
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