Madras High Court
B.J. Packiaraj vs The Chief Educational Officer on 12 September, 2025
W.P.(MD) No.22328 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved On : 01.08.2025
Pronounced On : 12.09.2025
CORAM:
THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE
W.P. (MD) No.22328 of 2018
and
W.M.P.(MD)No.20246 of 2018
B.J. Packiaraj
B.T. Assistant
C.S.I. High School
Manamadurai- 630606
Sivagangai District. ... Petitioner
Vs.
1.The Chief Educational Officer
Sivagangai District, Sivagangai.
2. The District Educational Officer
Sivagangai, Sivagangai District.
3. The Correspondent
C.S.I, High School
Manamadurai - 630606
Sivagangai District. ... Respondents
PRAYER in W.P.:
To issue a Writ of Certiorarified Mandamus,or any other
appropriate Writ, Order or Direction in the nature of a Writ, calling for
the records relating to the impugned order issued by the 2nd respondent
in Na.Ka.No.700/A4/2017 dated 29.05.2017, quash the same, and further
1/7
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W.P.(MD) No.22328 of 2018
direct the respondents 1 & 2 herein to approve forthwith the
appointment of petitioner as B.T. Assistant (English) in the 3rd
respondent-school from 05.11.2014 onwards to 31.07.2017 with salary
and other attendant benefits, and pass such further or other suitable Order
/ Orders as this Hon’ble Court may deem fit and proper in the
circumstances of the case, and thus render Justice.
PRAYER in WMP:
To dispense with the production of the original impugned order
issued by the 2nd respondent in Na.Ka.No.700/A4/2017 dated 29.05.2017
and thus render justice.
APPEARANCE OF PARTIES:
For Petitioner : Mr.E.V.N.Siva, Advocate
For Respondents : Mr. J.Ashok,
Additional Government Pleader
JUDGMENT
Heard.
2. The Petitioner is an unapproved school teacher employed at the
3rd respondent school, which is a private aided institution. The 3 rd
respondent school submitted a letter to the District Educational Officer,
Sivagangai, seeking approval of the Petitioner’s appointment with effect
from 05.11.2014, despite the fact that he had not passed the Teacher
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Eligibility Test (TET). Upon examining the request, it was found that the
Petitioner was not even qualified to hold the post of Graduate Teacher, as
his degree was a dual degree obtained from Annamalai University in
2008. Accordingly, the school was informed that although their request
relied on a decision of this Court—which permitted approval of certain
appointments made before the Director of School Education’s order—the
Petitioner’s case could be considered for approval since his appointment
was made on 05.11.2014. However, such approval would be subject to
the condition that no new teacher shall be appointed in future with that
degree.
3. Rejecting the case of the school management, the impugned
order dated 29.05.2017 stated as follows:—
“,ul;ilg; gbg;G %yk; gl;lk; ngw;wth;fis
epakdk; nra;a Ntz;lhk; vd gs;spf;
fy;tp ,af;Feh; mth;fspd; nray;Kiwfs;
e.f.vz;.98370/b1/,4/2012 ehs; 17.12.2012 ,d;gb
2012k; Mz;bNyNa rptfq;if khtl;lf; fy;tp
mYtyhpd; x.K.vz;.6691/m5/2012 ehs;
26.12.2012 ,d;gb Rw;wwpf;ifahf gs;spf;F
mDg;gg;gl;bUe;Jk; ,jd; gpd;dh; 2014k; Mz;by;
gp.V.Mq;fpyk; ,ul;ilg; gl;lk; ngw;w
jpU.nr.gh.ghf;fpauh[; vd;gtiu 05.11.2014 Kjy;
epakdk; nra;ag;gl;lJ Vw;Gilajhf ,y;iy.
vdNt ,e;epakdj;ij Vw;gspf;f tpjpfspy;
toptif VJk; ,y;iy vd;w tptuj;ij md;Gld;
njhptpj;Jf;nfhs;fpNwd;.”
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4.It is pertinent to note that the school management did not
challenge the said order. On the contrary, it is the aggrieved Petitioner
who has chosen to assail it. Further, the school management has neither
appeared in this matter nor been represented. The communication
impugned in the writ petition is one addressed by the 2 nd Respondent to
the 3rd Respondent, and notably, it was not marked to the Petitioner. It is
understood that the appointment of a duly qualified teacher is the
responsibility of the school management; in the present case, being a
minority institution, the management had an even greater obligation to
satisfy itself regarding the credentials of the Petitioner prior to his
appointment. Upon notice, the 2nd Respondent filed a counter affidavit
dated 06.12.2018 opposing the grant of approval to the Petitioner’s
qualification.
5. The issue is no longer res integra. A learned Judge of this
Court has already considered the validity of a dual degree in
R. Thirunavukkarasu & Ors. v. State of Tamil Nadu, reported in 2012
(5) CTC 129 = 2012 (4) LLN 370. Justice V. Ramasubramaniam (as he
then was), while upholding the case of the State, observed in paragraphs
82 and 83 as follows:—
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“82…It will be interesting to note that persons who
acquired such one year degrees or open university degrees, do
not get employment in the Private Sector. It is only in
Government Service that such persons seek appointments,
promotions, incentive increments etc., on the basis of such
degrees. Therefore, these degrees are actually specially
designed and tailor made by Universities for serving or
aspiring Government Servants.
83. It must be noted that the recruitment of teachers in
schools, is being made by the Government, merely on the basis
of seniority of registration in the Employment Exchanges, in
the past few years. This itself has struck at the root of quality,
in the matter of selection. If one year degrees are also
recognised as equivalent to 3 year degrees, that would sound
the death knell for the schools run by Government. Therefore,
the stand taken by the Department in their communication
dated 19.7.2012, not to recognise dual degrees, is a correct and
appreciable step..”
6. The aforesaid judgment was subsequently referred to and
followed by a Division Bench in D. Saravanane & Ors. v. State of Tamil
Nadu & Ors., W.A. No. 816 of 2013, dated 05.06.2024. Speaking for the
Bench, Justice S. M. Subramaniam, in paragraph 5 of the order, held as
follows:—
“5. Even in subsequent judgement, the High Court has
reiterated that double degree acquired by the persons are not
eligible for appointment to teaching posts. A Degree approved
by the University Grants Commission (U.G.C.) alone is to be
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taken into consideration for selection and appointment to the
public posts. When such double degrees, acquired by the
candidates, are not approved by the U.G.C., the decision taken
by the second respondent, for rejecting the candidature of the
petitioners, cannot be said to be infirm.”
7. In light of the foregoing discussion, no case has been made out
for entertaining the writ petition. Accordingly, the writ petition stands
dismissed. Consequently, the W.M.P. is also closed. No costs.
12.09.2025
Index: Yes / No
Speaking Order / Non-speaking Order
Neutral Citation : Yes / No
ay/LS
To
1.The Chief Educational Officer
Sivagangai District, Sivagangai.
2. The District Educational Officer
Sivagangai, Sivagangai District.
3. The Correspondent
C.S.I, High School
Manamadurai - 630606
Sivagangai District.
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DR. A.D. MARIA CLETE, J.
LS
Pre-delivery Judgment made in
12.09.2025
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