Madras High Court
J.J.Jemina vs The State Of Tamil Nadu on 3 March, 2025
Author: Battu Devanand
Bench: Battu Devanand
W.P.(MD)No.5579 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.03.2025
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
W.P.(MD)No.5579 of 2025
and
W.M.P(MD)No.4074 of 2025
J.J.Jemina ... 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 Elementary School Education,
College Road,
Chennai 600 006.
3.The Chief Educational Officer,
Tirunelveli District,
Tirunelveli.
4.The District Educational Officer,
District Educational Office (Elementary Education),
Vallioor, Tirunelveli District.
5.The Block Educational Officer,
Kalakad, Tirunelveli District.
6.The Correspondent,
Hindu Maravar Middle School,
Maliyadi Puthur, Nanguneri,
Tirunelveli. ... Respondents
1/5
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W.P.(MD)No.5579 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 order passed by the fourth respondent in Oo.Mu.No.
2251/AA1/2024, dated 10.10.2024 and quash the same and consequently
directing the respondents 1 to 4 herein to approve the appointment of the
petitioner as B.T.Assistant (Maths) in the sixth respondent school with effect
from 12.06.2023 with all other attendant benefits and to settle the arrears of
salary and other monetary benefit to the petitioner within a reasonable time as
may be fixed by this Court.
For Petitioner : Mr.K.Navaneetharaja
For R1 to R5 : Mr.M.Siddharthan
Additional Government Pleader
ORDER
The instant writ petition has been filed challenging the order passed by
the fourth respondent wherein the appointment of the petitioner as B.T.Assistant
(Maths) has not been approved by the authorities.
2. A perusal of the impugned order dated 10.10.2024 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.
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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 5 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
orders within a period of 12 weeks from the date of receipt of a copy of this
order.
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7. In fine, this writ petition stands allowed to the extent as stated above.
No costs. Consequently, connected miscellaneous petition is closed.
03.03.2025
NCC:yes/no
Index:yes/no
Internet:yes/no
Sn
To:
1.The Secretary,
The State of Tamil Nadu,
Department of School Education,
Fort St.George,
Chennai 600 009.
2.The Director of Elementary School Education,
College Road,
Chennai 600 006.
3.The Chief Educational Officer,
Tirunelveli District,
Tirunelveli.
4.The District Educational Officer,
District Educational Office (Elementary Education),
Vallioor, Tirunelveli District.
5.The Block Educational Officer,
Kalakad, Tirunelveli District.
6.The Correspondent,
Hindu Maravar Middle School,
Maliyadi Puthur, Nanguneri,
Tirunelveli.
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BATTU DEVANAND, J.
Sn
03.03.2025
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