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Madras High CourtWP/19835/2013disposed of

R.Rani v. The State Of Tamilnadu

2018-07-02Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.07.2018

CORAM

THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM W.P. No.19835 of 2013 and MP Nos.2 of 2013 and 1 of 2014 R.Rani ....

Petitioner versus

1. The State of TamilNadu rep. by the Secretary Education Department, Fort St. George, Chenani - 600 009.

2. The Director of School Education, College Road, Chennai - 600 006.

3. The Chief Educational Officer, Coimbatore.

4. The District Educational Officer, Rajaveedhi, Coimbatore.

5. The Secretary, Arulmigu Subramaniasami Devasthanam Higher Secondary School, Vadavalli, Coimbatore, 641 041.

...

Respondents Writ Petition filed under Article 226 of the Constitution of India to call for the records relating to impugned proceedings made in Na.Ka.No.88573/T1/E4/2012, dated 16.11.2012 and order made in OO.Mu.No.9055/A2/2012, dated 01.12.2012 of the 2nd and 4th respondents respectively to quash the same and consequently direct the respondents to grant approval for the appointment of the petitioner in the post of B.T. Assistant (Maths) / BC vacancy with all consequential benefits arising thereto. For Petitioner : Mr.L.Chandrakumar For Respondents : Mrs.A.Srijayanthi Spl. G.P. for RR1 to 4 No appearance for R5

O R D E R

The relief sought in this writ petition is to call for the records in relation to the impugned proceedings made in Na.Ka.No.88573/T1/E4/2012, dated 16.11.2012, passed by the 2nd respondent and the consequential order in OO.Mu.No.9055/A2/2012, dated 01.12.2012 passed by the 4th respondent and quash the same and direct the respondent to grant approval of appointment to the writ petitioner in the post of B.T. Assistant (Maths) / BC vacancy.

2. The learned counsel appearing on behalf of the writ petitioner made the submission that the impugned orders were passed on account of the fact 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 Special Government Pleader 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. 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. With this observation, the writ petition stands disposed of. Consequently, connected miscellaneous petitions stand closed. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To

1. The Secretary Education Department, Fort St. George, Chenani - 600 009.

2. The Director of School Education, College Road, Chennai - 600 006.

3. The Chief Educational Officer, Coimbatore.

4. The District Educational Officer, Rajaveedhi, Coimbatore.

5. The Secretary, Arulmigu Subramaniasami Devasthanam Higher Secondary School, Vadavalli, Coimbatore, 641 041.

+1cc to Mr.L.Chandrakumar, Advocate sr.no.42968 +1cc to Government Pleader sr.no.42724 W.P. No.19835 of 2013 nr 17/07/2018