M.Rajasekaran, v. The State Of Tamilnadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.18932 of 2013 and M.P(MD)No.1 of 2014 and M.P(MD)Nos.2 & 3 of 2013 M.Rajasekaran ... Petitioner Vs.
1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department, St. George Fort, Chennai-9.
2.The Director of School Education, DPI Compound, Chennai.
3.The Chief Educational Officer, Trichy, Trichy District.
4.The District Education Officer, Trichy, Trichy District.
5.The Chairman, Teacher Recruitment Board, E.V.K.Sampath Maligai, DPI Compound, Chennai.
6.National College Higher Secondary School, Rep. by its Secretary, No.369, Chatram Bus Stand, Tiruchirapalli-620 002.
... Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned order of the second respondent in Na.Ka.No.34116/D3/E4/2013, dated 07.11.2013 and consequential order of third respondent in vide Na.Ka.No.7224/A5/2013, dated 18.11.2013. 1/6
For Petitioner : Mr.AL.Kannan For R1 to R5 : Mrs.S.Srimathy, Special Government Pleader For R6 : No appearance
ORDER
The order impugned, dated 07.11.2013 issued for cancelling the appointment made on the ground that the Teacher appointed had not passed the Teachers Eligibility Test, is under challenge in the present writ petition.
2.The writ petitioner was appointed as B.T.Assistant (Science) on 27.02.2012. The appointment made was proposed to be cancelled in the impugned proceedings, dated 07.11.2013 on the ground that the writ petitioner had not passed the Teachers Eligibility Test. 3.This Court is of the considered opinion that the National Council for Teachers Education (NCTE) issued the regulations fixing the minimum educational qualification for appointment to the post of Teachers. The Government of Tamil Nadu also adopted the minimum educational qualification fixed by the National Council for Teachers Education. Accordingly, pass in Teachers Eligibility Test is the mandatory qualification for appointment to the post of Teachers. 4.
The learned counsel appearing on behalf of the petitioner also states that the appointment of the writ petitioner was sought to be cancelled on the ground that he has not passed the Teachers Eligibility Test during the relevant point of time. The learned counsel for the petitioner further states that the petitioner has passed the Teachers Eligibility Test. Under these circumstances, if at all the writ petitioner had already passed the Teachers Eligibility Test, it is left open to the writ petitioner to approach the competent authority for appropriate remedy. 5.With these observations, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To 1.The Principal Secretary to Government, School Education Department, St. George Fort, Chennai-9.
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2.The Director of School Education, DPI Compound, Chennai.
3.The Chief Educational Officer, Trichy, Trichy District.
4.The District Education Officer, Trichy, Trichy District.
5.The Chairman, Teacher Recruitment Board, E.V.K.Sampath Maligai, DPI Compound, Chennai.
6.The Secretary, National College Higher Secondary School, No.369, Chatram Bus Stand, Tiruchirapalli-620 002.
+1 CC to M/s.SPL GP ( SR-78842[F] dated 31/07/2019 ) W.P.(MD)No.18932 of 2013 30.07.2019 JM/09.08.2019/3P/8C 3/6