B.Annie Packiarani Bai, v. The Director Of School

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.19467 of 2013 and M.P.(MD) Nos.1 of 2013 & 1 of 2014 B.Annie Packiarani Bai ... Petitioner vs.

1.The Director of School Education Chennai-6 2.The District Education Officer Tirunelveli 3.The Correspondent St.Peter's Higher Secondary School Ukkirankottai, Tirunelveli District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorari to call for the records relating to the impugned order of the 2nd respondent in Na.Ka.No.8422/A4/2013 dated 14.11.2013 and quash the same. For Petitioner :

Mr.H.Arumugam For Respondents :

Mrs.S.Srimathy Special Government Pleader

O R D E R

The writ petitioner was appointed as B.T.Assistant (History) in the third respondent / School. The appointment of the writ petitioner was cancelled by the second respondent / District Educational Officer, Tirunelveli, in proceedings dated 14.11.2013, on the ground that the writ petitioner had not passed the Teachers Eligibility Test, despite the fact that she attended the Test three times and consequently, the approval of appointment granted in favour of the writ petitioner vide proceedings dated Nil.August, 2012 was also cancelled.

2. Passing of Teachers Eligibility Test is the mandatory qualification prescribed by the National Council for Teacher Education, which was implemented by the Government of Tamil Nadu. Thus, the writ petitioner must pass the Teachers Eligibility Test for appointment to the post of Teacher. The appointment of the writ petitioner was approved on condition that the writ petitioner should pass the Teachers Eligibility Test. However, the writ https://hcservices.ecourts.gov.in/hcservices/

petitioner has not passed the Teachers Eligibility Test and consequently, her appointment was cancelled in the year 2013 and thereafter, she is not in service. Under these circumstances, the relief as such sought for in the present writ petition cannot be granted, as the passing of Teachers Eligibility Test is the mandatory qualification as per the rules in force.

3. With these observations, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar(CS ) To:

1.The Director of School Education, Chennai-6.

2.The District Education Officer, Tirunelveli.

3.The Correspondent, St.Peter's Higher Secondary School, Ukkirankottai, Tirunelveli District.

+1 CC to Mr.H.ARUMUGAM, Advocate SR-77806.

+1 CC to SPL GP SR-77935.

W.P.(MD) No.19467 of 2013 and M.P.(MD) Nos.1 of 2013 & 1 of 2014 25.07.2019 CS(05.08.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/