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Madras High CourtWP/24422/2025allowed

Sr. S. Lourd Fathima v. The Director Of School Education

2025-07-07Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2025

CORAM

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN and W.M.P.Nos.27499 and 27501 of 2025 Sr.S.Lourd Fathima ... Petitioner Vs.

1.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

2.The Chief Educational Officer, The Office of the Chief Educational Officer, District Collectorate Campus, Tiruppur, Tiruppur District - 641 604.

3.The District Educational Officer, The Office of the District Educational Officer, District Collectorate Campus, Tiruppur, Tiruppur District - 641 604.

4.The Correspondent, St.Aloysius Girls Higher Secondary School, Dharapuram, Tiruppur District - 638 656.

... Respondents 1/6

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 08.08.2024 in O.Mu.No.6661/AA2/2024 on the file of the 2nd respondent and quash the same, directing the respondents 1 to 3, to accord approval to the appointment of the petitioner, Sr.S.Lourd Fathima working as B.T.Assist (Social Science) in the 4th respondent St.Aloysius girls Higher Secondary School, Dharapuram, Tiruppur District - 638 656, w.e.f. 01.10.2020, with all service and monetary benefits.

For Petitioner : M/s.A.Arul Mary For Respondents : Mrs.S.Mythreye Chandru Special Government Pleader

O R D E R

The instant writ petition has been filed with a prayer for issuing a certiorarified Mandamus, to call for the records pertaining to the impugned order dated 08.08.2024 in O.Mu.No.6661/AA2/2024 on the file of the 2nd respondent and quash the same, directing the respondents 1 to 3, to accord approval to the appointment of the petitioner, Sr.S.Lourd Fathima working as B.T.Assist (Social Science) in the 4th respondent St.Aloysius girls Higher Secondary School, Dharapuram, Tiruppur District - 638 656, w.e.f. 01.10.2020, with all service and monetary benefits. 2/6

2. The learned counsel for the petitioner would submit that the proposal of the 4th respondent school for the appointment of B.T.Assistant (Social Science) was returned by the 2nd respondent on the sole ground that the appointees not qualified the TET tests. It is the further submission of the petitioner counsel after the impugned order dated 08.08.2024, now, the Government has taken a policy decision vide letter No.Efile3101/SE6(2)/2025-1 dated 16.04.2025 that the TET test is not necessary for a person to be appointed in the post of B.T.Assistant in minority school.

3. The learned Special Government Pleader for the respondents would fairly admits the above legal position.

4. Heard the learned counsel for both sides and perused the materials available on record.

5. In such view of the fair submission, this Court finds that the impugned order is liable to be set aside. Accordingly, the impugned order 3/6

dated 08.08.2024 is quashed as a competent authority, the 2nd respondent is directed to approve the appointment of the petitioner as a B.T.Assistant in the 4th respondent school, within a period of six weeks from the date of receipt of a copy of this order.

6. In the result, this Writ Petition is allowed. No costs. Consequently, connected Writ Miscellaneous Petitions are closed. 07.07.2025 (3/3) jas Index : Yes/No Speaking order /Non Speaking Order 4/6

To 1.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

2.The Chief Educational Officer, The Office of the Chief Educational Officer, District Collectorate Campus, Tiruppur, Tiruppur District - 641 604.

3.The District Educational Officer, The Office of the District Educational Officer, District Collectorate Campus, Tiruppur, Tiruppur District - 641 604.

4.The Correspondent, St.Aloysius Girls Higher Secondary School, Dharapuram, Tiruppur District - 638 656.

5/6

C.KUMARAPPAN, J.

jas and W.M.P.Nos.27499 and 27501 of 2025 07.07.2025 6/6