V.Deepa, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.11.2018
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.No.28734 of 2018 V.Deepa
...Petitioner
Versus
1.The State of Tamil Nadu, Rep.by its Principal Secretary to Government, School Education Department, Fort St.George, Chennai-600 009.
2.The Director of School Education, Government of Tamil Nadu, College Road, Chennai-600 006.
3.The District Elementary Educational Officer, Salem.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of Writ of Declaration,declaring that passing of Teacher Eligibility Test (TET) is not required for the petitioner, having been appointed as the B.T. Assistant Teacher prior to issue of G.O.Ms.No.181 School Education (C2) Department dated 15.11.2011 and G.O.Ms.No.90, School Education (Q) Department dated 28.03.2012, and consequently, forbearing the respondents and their subordinates from not insisting the petitioner to undergo that Teacher Eligibility Test (TET) to continue in such service as B.T. Assistant Teacher with all the benefits. For Petitioner : Ms.Elizabeth Ravi For Respondents : Mr.A.Rajamperumal Additional Government Pleader
O R D E R
This writ petition has been filed for issuance of a Writ of Declaration, declaring that passing of Teacher Eligibility Test (TET) is not required for the petitioner, having been
appointed as the B.T. Assistant Teacher prior to issue of Government Orders.
It is the case of the petitioner that she was appointed as a B.T. Assistant Teacher in Bharathi Vidyalaya Higher Secondary School, Maravanery, Salem by proceedings dated 24.02.2011 and that she took charge of the said post on 28.02.2011.
It is to be noted that the Right of Children in Free and Compulsory Education Act, 2009 was publishedin the Gazette on 27.08.2009 and it was again re-published on 24.02.2010. It is not in dispute that the Act came into force with effect from 01.04.2010. It is only as per the provisions of the Act and the notification issued by the Central Government in 2010. The Teacher Eligibility Test has become compulsory for all teachers appointed on or after notification.
The learned counsel appearing for the petitioner submitted that petitioner appointment was after G.O.Ms.No.174, School Education dated 08.11.2011. The order of State Government has no significance as regards the date from which the requirement of Teacher Eligibility Test is made compulsory. Having regard to the facts, the petitioner was appointed only in the year 2011, there is no scope for entertaining this writ petition. This Court find no merit and hence, this writ petition is dismissed. No costs. Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar rpl To 1.The Principal Secretary to Government, State of Tamil Nadu, School Education Department, Fort St.George, Chennai-600 009.
2.The Director of School Education, Government of Tamil Nadu, College Road, Chennai-600 006.
3.The District Elementary Educational Officer, Salem. +1cc to Ms.Elizabeth Ravi, Advocate SR.No.75587 +1cc to Government Pleader SR.No.76755 W.P.No.28734 of 2018 CNR(CO) GMY(07/12/2018)