Madras High CourtWA/1609/2017disposed of

The Government Of Tamil Nadu v. Mrs.N.Reena Daphne

2017-12-22Honourable Mr Justice Rmt. Teekaa Raman,Honourable Mr Justice Huluvadi G. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.A.No.1609 of 2017 and C.M.P.No.21023 of 2017 1 The Government of Tamil Nadu Rep by the Addl. Chief Secretary Department of School Education Fort St. George Madras 600 009 2 The Director of School Education DPI Campus College Road Chennai 600 006 3 The Chief Educational Officer The Office of the Chief Educational Officer Coimbatore Coimbatore District 4 The District Educational Officer The Office of the District Educational Officer Coimbatore 641 018 Coimbatore District.

Appellants

Versus

1 Mrs.N.Reena Daphne 2 The Correspondent Presentation Convent Girls Higher Secondary School Coimbatore 641 001.

Respondents Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 31.7.2015 passed in M.P.No.3 of 2015 in W.P.No.6851 of 2015 on the file of this court. Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to direct the respondents to pay salary to the petitioner working as B.T.Assistant(His) in presentation convent Girls High Secondary School, Coimbatore 641 001 w.e.f 18.06.2012 pending WP.6851/15

For appellants : Mr.R.Prathapkumar, AGP For respondent : Mrs.A.Arulmary

JUDGMENT

(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned Additional Government Pleader appearing for the appellants and Mrs.A.Arul Mary, learned counsel appearing for the first respondent/writ petitioner.

2. The short point for consideration is whether the qualification of Teachers Eligibility Test can be insisted upon for approval of appointment of Teachers in case of minority educational institution.

3. Such an issue has been resolved in the decision of SECETARY TO GOVERNMENT v. S.JEYALAKSHMI ((2016) 7 MLJ 155), wherein it has been held in para 60 of the judgment, it has been held that the Government cannot insist upon the minority institution, both aided or unaided, to abide by any Regulation framed under the provisions of the RTE Act. Therefore, the view taken by the learned Single Judge in the present proceedings cannot be found fault with. Further, it is brought to our notice that the writ appeal having been filed challenging an interim order, the main writ petition itself has been disposed of. Therefore, the writ appeal is disposed of. No costs. The connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ssk.

To:

1 The Additional Chief Secretary to Govt The Government of Tamil Nadu Department of School Education Fort St. George Madras 600 009 2 The Director of School Education DPI Campus College Road Chennai 600 006

3 The Chief Educational Officer The Office of the Chief Educational Officer Coimbatore Coimbatore District 4 The District Educational Officer The Office of the District Educational Officer Coimbatore 641 018 Coimbatore District.

+1 cc to Govt Pleader sr 92469 +2 ccs to M/s.Arul marry Advocate sr 91936 W.A.No.1609 of 2017 ssi(co) aa30/01/2018