Citation : 2025 Latest Caselaw 7661 Mad
Judgement Date : 9 October, 2025
W.A.No.291 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.10.2025
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
and
THE HONOURABLE MR. JUSTICE R.SAKTHIVEL
W.A.No.291 of 2023
and C.M.P.No.2977 of 2023
A.Saropin Vinola
St.Theresa's Girls Higher Secondary School
Tharangambadi - 609 313
Nagapattinam District ... Appellant
Vs.
1.The Government Of Tamil Nadu
Rep by Additional Chief Secretary
The Department of School Education (C2)
Fort St. George, Chennai-09
2.The Director of School Education
DPI Campus
College Road
Chennai-600 006
3.The Chief Educational Officer
Office of the Chief Educational Officer
Krishna Towers
Public Office Road
Nagapattinam- 611 001
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W.A.No.291 of 2023
4.The District Educational Officer
District Education Office
Nagapattinam- 611 001
5.The Correspondent
St.Theresa's Girls Higher Secondary School
Tharangambadi- 609 313
Nagapattinam District ... Respondents
Prayer: Writ Appeal filed under Clause 15 of Letter Patents, praying to
set aside the order of this Court dated 27.09.2022 and made in the
W.P.No.5442 of 2017, by allowing the Writ Appeal.
For Appellant : Dr.Father Xavier Arul Raj
Senior Advocate
for M/s.A.Arul Mary
For Respondents : Mr.K.H.Ravikumar
Government Advocate - R1 to R4
JUDGMENT
M.S.RAMESH, J.
and R.SAKTHIVEL, J.
The grievance of the appellant's school, which is a minority
institution, has already been redressed, since the appointment of the
teacher viz. Mrs.A.Saropin Vinola, for the post of B.T. Assistant
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(Science), has already been approved vide proceedings of the District
Educational Officer, in Na.Ka.No.887/A2/2017, dated 24.03.2017, and
the necessary grant has also been disbursed to the school with a condition
that the concerned teacher shall qualify herself in TET. Incidentally, the
Hon'ble Supreme Court in the case of Anjuman Ishatt-e-Taleem Trust
v. State of Maharashtra and others [2025 SCC Online SC 1912] had
held that till a final decision is taken by the larger bench in this matter,
the provisions of the RTE Act, insofar as it relates to qualification in TET
for the teachers in the minority institutions have been excluded.
2.In light of the foregoing reasons, the G.O.(Ms.) No.181, School
Education (C2) Department, dated 15.11.2011, on the file of the 1st
respondent viz. The Additional Chief Secretary to Government, and the
consequential proceedings dated 16.11.2016 in A.Thi.Mu.No.3140/A2
/16 on the file of the 4th respondent viz. The District Educational Officer,
which is impugned in the Writ Petition, as well as the order passed in
W.P.No.5442 of 2017 dated 27.09.2022 are set aside.
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3.The Writ Appeal stands allowed accordingly. No costs.
Consequently, the connected miscellaneous petition is closed.
[M.S.R, J.] [R.S.V, J.]
09.10.2025
(3/4)
kas
Index: Yes / No
Neutral Citation
Speaking / Non Speaking
To.
1.The Additional Chief Secretary The Government Of Tamil Nadu The Department of School Education (C2) Fort St. George, Chennai-09
2.The Director of School Education DPI Campus College Road Chennai-600 006
3.The Chief Educational Officer Office of the Chief Educational Officer Krishna Towers Public Office Road Nagapattinam- 611 001
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4.The District Educational Officer District Education Office Nagapattinam- 611 001
5.The Correspondent St.Theresa's Girls Higher Secondary School Tharangambadi- 609 313 Nagapattinam District
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M.S.RAMESH, J.
and R.SAKTHIVEL, J.
kas
(3/4)
09.10.2025
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