Tmt.J.Regina, v. The Joint Director Of School
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 05-07-2018
CORAM
THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM W.P. No.32314 of 2015 and MP Nos.1, 2 and 3 of 2015 and WMP No.30133 of 2016 Tmt.J.Regina ...
Petitioner versus 1.Joint Director of School Education, (Higher Secondary), Chennai-6.
2.District Educational Officer, Chengalpattu, Kancheepuram District.
3.Correspondent, Christ King Girls Higher Secondary School, Tambaram, Chennai-600 059.
... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the second respondent in his proceedings O.Mu.No.1639/Aa2/2015 dated 30.6.2015 and quash the same, and direct the respondents to approve the appointment of the petitioner as B.T. Assistant (Tamil) from the date of appointment i.e., 15.6.2011 and confer all the consequential benefits.
For Petitioner : Mr.P.Ganesan for M/s. C.S.Associates.
For Respondents-1&2 : Mr. K.Karthikeyan, Government Advocate For Respondent-3 : No Appearance
O R D E R
The relief sought for in this writ petition is to call for the records pertaining to the order passed by the second respondent in his proceedings O.Mu.No.1639/Aa2/2015 dated 30.6.2015 and quash the same, and direct the respondents to approve the appointment of the petitioner as B.T. Assistant (Tamil) from the date of appointment i.e., 15.6.2011 and confer all the consequential benefits.
2. The learned counsel appearing on behalf of the writ petitioner made a submission that the writ petitioner was not possessing the requisite qualification of Teachers' Eligibility Test (TET). However, by virute of the interim order granted by this Court, a temporary approval was granted to the petitioner and she is continuing in service as such.
3. The learned counsel for the writ petitioner as well as learned Government Advocate brought to the notice of this Court that the Government passed orders extending time to possess the requisite qualification of pass in Teachers' Eligibility Test. Accordingly, every Teacher appointed has to pass the Teachers' Eligibility Test, before 31.03.2019.
4. Thus, it is made clear that the petitioner may be allowed to continue in service till 31.03.2019 and it is further made clear that the petitioner should possess the qualification of Teachers' Eligibility Test before the cut off date fixed by the Government. If the petitioner is not in a position to pass the test, then the respondents are at liberty to take all further action after the expiry of the time limit, fixed by the Government for passing the Teachers Eligibility Test.
5. With this observation, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions stand closed. Sd/- Assistant Registrar(CS II) //True copy// Sub Assistant Registrar Svn
To 1.Joint Director of School Education, (Higher Secondary), Chennai-6.
2.District Educational Officer, Chengalpattu, Kancheepuram District.
3.Correspondent, Christ King Girls Higher Secondary School, Tambaram, Chennai-600 059.
+1cc to Mr.P.Ganesan for C.S.Associates, Advocate SR.No.43585 +1cc to Government Pleader SR.No.44538 W.P. No.32314 of 2015 BR(CO) GN(17/07/2018)