Madras High Court
M.Velayutham vs Thiru.Arivoli on 22 September, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam, Mohammed Shaffiq
Cont P.No.2186 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2025
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
Cont P.No.2186 of 2024
M.Velayutham
S/o.V.Murugesan ... Petitioner
Vs.
1. Thiru.Arivoli
The Director of School Education
DPI Campus, College Road
Chennai-600 006.
2. Tmt.Karpagam
The Chief Educational Officer
Chengalpattu District
Chengalpattu.
3. Thiru.Ravichandran
The District Educational Officer
Chengalpattu Education District
Chengalpattu District.
4. Dr.Girija Seshadri
The Secretary
Jaigopal Garodia National Higher Secondary School
East Tambaram
Page No.1 of 6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/09/2025 02:35:08 pm )
Cont P.No.2186 of 2024
Chenani-600 059. ... Respondents
Prayer :
Contempt Petition filed under Section 11 of the Contempt of Courts
Act, 1971, praying to punish the respondents for willfully disobeying the
order passed in W.A.No.313 of 2022 dated 02.06.2023.
For Petitioner : Mr.G.Sankaran
Senior Counsel
for Mr.S.Nedunchezhiyan
For Respondents : Mr.J.C.Durairaj
Additional Government Pleader
ORDER
(Order of the Court delivered by S.M.SUBRAMANIAM.J.,)
The contempt petition has been filed to punish the respondents for their
willful disobedience of the order of this Court dated 02.06.2023 passed in
W.A.No.313 of 2022.
2. Mr.J.C.Durairaj, learned Additional Government Pleader would
submit that Hon'ble Supreme Court of India considered the issue in the case
of Anjuman Ishaat-E-Taleem Trust Vs. The State of Maharashtra and
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/09/2025 02:35:08 pm )
others reported in 2025 INSC 1063. The operative portion of the above
order is extracted hereunder:
"VIII Order on applicability of the TET to in-service teachers
214. Per the detailed discussions above and resting on the
same, we hold that the provisions of the RTE Act have to be
complied with by all schools as defined in Section 2(n) of the RTE
Act except the schools established and administered by the minority
– whether religious or linguistic – till such time the reference is
decided and subject to the answers to the questions formulated
above under Section VII. Logically, it would follow that in-service
teachers (irrespective of the length of their service) would also be
required to qualify the TET to continue in service.
215. However, we are mindful of the ground realities as well
as the practical challenges. There are in-service teachers who were
recruited much prior to the advent of the RTE Act and who might
have put in more than two or even three decades of service. They
have been imparting education to their students to the best of their
ability without any serious compliant. It is not that the students who
have been imparted education by the non-TET qualified teachers
have not shone in life. To dislodge such teachers from service on the
ground that they have not qualified the TET would seem to be a bit
harsh although we are alive to the settled legal position that
operation of a statute can never be seen as an evil.
216. Bearing in mind their predicament, we invoke our
powers under Article 142 of the Constitution of India and direct that
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/09/2025 02:35:08 pm )
those teachers who have less than fiver years service left, as on date,
may continue in service till they attain the age of superannuation
without qualifying the TET. However, we make it clear that if any
such teacher (having less than five years service left) aspires for
promotion, he will not be considered eligible without he / she having
qualified the TET.
217. Insofar as in-service teachers recruited prior to
enactment of the RTE Act and having more than 5 years to retire on
superannuation are concerned, they shall be under an obligation to
qualify the TET within 2 years from date in order to continue in
service. If any of such teachers fail to qualify the TET within the
time that we have allowed, they shall have to quit service. They may
be compulsorily retired; and paid whatever terminal benefits they
are entitled to. We add a rider that to qualify for the terminal
benefits, such teachers mush have put in the qualifying period of
service, in accordance with the rules. If any teacher has not put in
the qualifying service and there is some deficiency, his/ her case may
be considered by the appropriate department in the Government
upon a representation being made by him/her.
218. Subject to what we have said above, it is reiterated that
those aspiring for appointment and those in-service teachers
aspiring for appointment by promotion must, however, qualify the
TET; or else, they would have no right of consideration of their
candidature.
219. With the aforesaid modification of the impugned
judgments / orders, all the appeals relatable to in-service teachers of
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/09/2025 02:35:08 pm )
non-minority schools stand disposed of on the above terms."
3. Mr.G.Sankaran, learned Senior Counsel appearing on behalf of the
petitioner would submit that the allowance as ordered by this Court is to be
disbursed in favour of the petitioner.
4. Once the eligibility criteria has already been decided by Hon'ble
Apex Court of India, this Court cannot further interpret the scope of the order
of Hon'ble Apex Court. Therefore, the respondents have not committed any
willful disobedience of the order dated 02.06.2023 passed in W.A.No.313 of
2022.
In view of the above, the Contempt Petition stands closed.
[S.M.S.J.,] [M.S.Q.J.,]
22.09.2025
Index : Yes
Speaking Order : Yes/No
Neutral Citation : Yes/No
mk
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/09/2025 02:35:08 pm )
S.M.SUBRAMANIAM, J.
AND
MOHAMMED SHAFFIQ, J.
mk
22.09.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/09/2025 02:35:08 pm )
