Madras High Court
J.Grace Nirmala vs The State Of Tamil Nadu on 12 March, 2025
Author: Battu Devanand
Bench: Battu Devanand
W.P.(MD)No.6532 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.03.2025
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
W.P.(MD)No.6532 of 2025
and
W.M.P(MD)No.4797 of 2025
J.Grace Nirmala ... 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 – 600 006.
3.The Chief Educational Officer,
The Office of the CEO,
Thanjavur District – 613 001.
4.The District Educational Officer,
The office of the DEO,
Kamatchi Josiyar Street,
Opp., to CUB,
Kumbakonam,
Thanjavur District – 612 001.
1/7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/03/2025 02:46:55 pm )
W.P.(MD)No.6532 of 2025
5.The Correspondent,
St.Joseph's Girls Hr.Sec.School,
Kumbakonam -612001
Thanjavur District. ... Respondents
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 issued by the third respondent Chief Educational
Officer in O.Mu.No.1864/A1/2024, dated 08.11.2024 (submitted to Court on
27.11.2024), quash the same and further direct the respondents 3 and 4 to
approve forthwith the appointment of the petitioner as B.T.Assistant (Science)
in the fifth respondent School with effect from 01.06.2020 and disburse grant in
aid towards her salary and other attendant benefits.
For Petitioner : M/s.Amala Irudhaya Mary
For R1 to R4 : Mr.M.Siddharthan
Additional Government Pleader
ORDER
Against the order, dated 08.11.2024 of the third respondent, wherein, the
proposal sent by the fifth respondent school to approve the appointment of the
petitioner as B.T.Assistant (Science) with effect from 01.06.2020 is rejected, the
present writ petition has been filed.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/03/2025 02:46:55 pm )
2. The learned counsel for the petitioner contends that the order
impugned in this writ petition passed by the third respondent rejecting the
proposals sent by the fifth respondent school under two grounds as herein
under:
(i)Non-submission of no surplus certificate.
(ii)The petitioner did not possess TET qualification.
3. During the course of hearing, the learned counsel for the petitioner
contends that on 02.01.2024, the Corporation Head of the fifth respondent
School submitted 'no surplus certificate' to the third respondent. With respect to
the second ground, the learned counsel for the petitioner submits that as per the
judgment of the Division Bench of this Court reported in 2023-3-LW-112 ( The
Director of School Education D.P.I. Campus, College Road & others Vs.
M.Velayutham & another) for appointment of Teacher in minority aided
school, TET is not mandatory.
4. The learned Additional Government Pleader appearing for the
respondents 1 to 4 submits that in the light of the settled law that TET
qualification for appointment of Teacher in minority aided school is not
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/03/2025 02:46:55 pm )
mandatory and the petitioner submitted no surplus certificate on 02.01.2024, the
third respondent will pass orders considering the proposal of the fifth
respondent School within a time to be stipulated by this Court.
5. Having heard the submissions of the respective learned counsels and
on careful examination of the materials available on record, it appears that as
the fifth respondent school submitted 'no surplus certificate' and in view of the
the Division Bench of this 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), wherein it has been
categorically held that pass in TET examination is not mandatory for being
appointed in the minority institution, in my considered opinion, the third
respondent shall approve the appointment of the petitioner as B.T.Assistant
(Science) in the fifth respondent school with effect from 01.06.2020.
6. Accordingly, the writ petition is allowed with the following directions:
1. The third respondent is directed to approve the appointment of
the petitioner as B.T.Assistant (Science) in the fifth respondent School
with effect from 01.06.2020 within a period of two weeks from the date
of receipt of a copy of this order.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/03/2025 02:46:55 pm )
2. On granting approval, the respondents shall disburse grant in
aid towards the salary of the petitioner and other attendant benefits
within a period of four weeks thereafter.
No costs. Consequently, the connected miscellaneous petition is closed.
12.03.2025
NCC:yes/no
Index:yes/no
Internet:yes/no
Sn
To:
1.The Secretary,
Department of School Education,
Fort St.George,
Chennai – 600 009.
2.The Director of School Education,
College Road,
Chennai – 600 006.
3.The Chief Educational Officer,
The Office of the CEO,
Thanjavur District – 613 001.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/03/2025 02:46:55 pm )
4.The District Educational Officer,
The office of the DEO,
Kamatchi Josiyar Street,
Opp., to CUB,
Kumbakonam,
Thanjavur District – 612 001.
5.The Correspondent,
St.Joseph's Girls Hr.Sec.School,
Kumbakonam -612001
Thanjavur District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/03/2025 02:46:55 pm )
BATTU DEVANAND, J.
Sn
12.03.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/03/2025 02:46:55 pm )
