Amrinabanu.N v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH and THE HONOURABLE MR. JUSTICE R.SAKTHIVEL and C.M.P.No.21429 of 2022 Amrinabanu.N D/o.Nasir Khan T Door No.20/33, Yadava Street Pallikonda - 635 809 ... Appellant Vs.

1.The Secretary to Government School Education Department Government of Tamil Nadu Fort St. George, Chennai - 9 2.The Director of Elementary Education College Road DPI Campus Chennai - 600 006 3.The Chief Educational Officer Vellore-632004

4.The District Elementary Educational Officer Vellore - 632 004 5.The Assistant Elementary Educational Officer Anaicut - 632 101 6.The Manager Anwarul Islam Aided Primary School Pallikonda - 635 809 ... Respondents Prayer: Writ Appeal filed under Clause 15 of Letter Patents, praying to set aside the order dated 11.10.2022 in W.P.No.21221 of 2018 and to allow the Writ Appeal as prayed for.

For Appellant : Mr.V.Ragupathy For Respondents : Mr.K.H.Ravikumar Government Advocate - R1 to R5

JUDGMENT

M.S.RAMESH, J.

and R.SAKTHIVEL, J.

The only ground, on which the appellant's proposal seeking for approval of her appointment as a Secondary Grade Teacher in the 6th respondent minority school was rejected is, for want of TET qualification. The Hon'ble Supreme Court in the case of Anjuman

Ishatt-e-Taleem Trust v. State of Maharashtra and others [2025 SCC Online SC 1912] had held that till a final decision is taken by the larger bench in this matter, the provisions of the RTE Act, insofar as it relates to qualification in TET for the teachers in the minority institutions have been excluded.

2.In light of this recent pronouncement in Anjuman Ishatt-eTaleem Trust v. State of Maharashtra and others case, the Educational Authorities may not be justified in seeking for TET qualification, for the purpose of granting approval.

3.This Writ Appeal stands allowed accordingly. The order impugned in the Writ Petition, passed by the 4th respondent viz. District Elementary Educational Officer, Vellore, vide proceedings in O.Mu.No.1630/B2/2017, dated 07.09.2017, as well as the order passed in W.P.No.21221 of 2018 dated 11.10.2022 are set aside. Consequently, there shall be a direction to the 3rd and 4th respondent herein to pass appropriate orders, granting approval to the appellant's appointment with

effect from 01.03.2017, and disburse the necessary grant to the 6th respondent school. Such orders shall be passed not later than a period of six (6) weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed. [M.S.R, J.] [R.S.V, J.] 09.10.2025 (1/4) kas Index: Yes / No Speaking / Non Speaking To.

1.The Secretary to Government School Education Department Government of Tamil Nadu Fort St. George, Chennai - 9 2.The Director of Elementary Education College Road DPI Campus Chennai - 600 006 3.The Chief Educational Officer Vellore-632004

4.The District Elementary Educational Officer Vellore - 632 004 5.The Assistant Elementary Educational Officer Anaicut - 632 101 6.The Manager Anwarul Islam Aided Primary School Pallikonda - 635 809

M.S.RAMESH, J.

and R.SAKTHIVEL, J.

kas and C.M.P.No.21429 of 2022 (1/4) 09.10.2025