H.Suriyakala v. The Chief Educational Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-06-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR and CMP Nos. 5829 & 5831 of 2023 H.Suriyakala No. 23, Thooratty Village, Katarydam Post, The Nilgiris District.

..Appellant(s) Vs

1. The Chief Educational Officer Udhagamandalam, The Nilgiris District.

2. The District Educational Officer, Coonoor, The Nilgiris District.

3. Secretary, N.S.Iyah Memorial Higher Secondary School (Aided), Nanjan Sogathorai, Katarydam Post, The Nilgiris District.

4. State Of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Secretariat, Fort St.

George, Chennai - 600 009.

5. Teachers Recruitment Board, Rep. by its Chairman, College Road, Nungambakkam, Chennai - 600 006.

6. Union Of India, Rep. by its Secretary to Government, Department of School Education and Literacy, Ministry of Human Resource Development, 217-C, Shastri Bhawan, New Delhi - 110 001.

7. National Council For Teachers Education, Rep. by its Member Secretary, G-7, Sector -10, Dwarka, New Delhi - 110 075.

..Respondent(s) Writ Appeal filed under Clause 15 of Letters Patent to set aside the orders passed by the Hon'ble Court in WP No.2832/2016 dated 04.08.2022 For Appellant(s):

Mr.G.Sankaran, Senior Counsel for Mr.Nedunchezhiyan For Respondent(s):

Dr.R.Gouri, Government Counsel for R1, R2 & R4 Mr.C.Kathiravan, Standing Counsel for TRB for R5 Mr.J.Harikrishna, Standing Counsel for NITE for R7 Judgment (Judgment of the Court was delivered by S.M.Subramaniam J.) The present writ appeal has been instituted to assail the writ order dated 04.08.2022 passed in W.P.No.2832 of 2016.

2. Writ Petitioner is the appellant herein. Writ Petition has been instituted seeking approval of appointment of the petitioner as Tamil Pandit in a Government Aided Higher Secondary School. The appellant was appointed as Tamil Pandit in the year 2012 and the essential qualification of passing of Teacher Eligibility Test (TET) was introduced in the year 2009. Since the appellant did not possess the requisite qualification of TET, action was

initiated to terminate her service and the appellant approached this Court. The further fact remains that the appellant was relieved from the post in the year 2020, in view of the fact that the Hon'ble Supreme Court held that passing of Teacher Eligibility Test as contemplated under the statutes is mandatory.

3. Learned Senior Counsel appearing on behalf of the appellant would submit that the Hon'ble Supreme Court in a Review Petition (Civil) Diary No.53434/2025 reported in 2026 INSC 597 has passed further orders by extending the time granted in paragraph No.217 of Anjumanjuman Ishaat-eTaleem Trust v. State of Maharastra1 for in-service teachers to acquire TET qualification from 2 (two) to 3 (three) years, i.e, the qualification has to be obtained by 31st August, 2028 instead of 31st August 2027 as originally directed.

4. However, the learned Government Counsel opposed by stating that the appellant is not an in-service candidate and left the service in the year 2022 itself.

5. In view of the above factual and legal position, this Court is not inclined to interfere with the writ order impugned. Therefore, the Writ Appeal stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

(S.M.S.,J.) (N.S.,J.) 03-06-2026 Index: Yes/No Speaking/Non-speaking order 1 2025 SCC Online SC 1912

vsi To

1. The Chief Educational Officer Udhagamandalam, The Nilgiris District.

2. The District Educational Officer, Coonoor, The Nilgiris District.

3. Secretary, N.S.Iyah Memorial Higher Secondary School (Aided), Nanjan Sogathorai, Katarydam Post, The Nilgiris District.

4. The Secretary to Government, School Education Department, Secretariat, Fort St.

George, Chennai - 600 009.

5. The Chairman, Teachers Recruitment Board, College Road, Nungambakkam, Chennai - 600 006.

6. The Secretary to Government, Union of India, Department of School Education and Literacy, Ministry of Human Resource Development, 217-C, Shastri Bhawan, New Delhi - 110 001.

7. Member Secretary, National Council For Teachers Education, G-7, Sector -10, Dwarka, New Delhi - 110 075.

S.M.SUBRAMANIAM J.

and N.SENTHILKUMAR J.

vsi and CMP Nos. 5829 & 5831 of 2023 03-06-2026