M. Marklin Manonmani v. The District Educational Officer (Primary Education)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2025

CORAM:

THE HON'BLE MR.JUSTICE BATTU DEVANAND W.P.(MD).No.1632 of 2025 and W.M.P(MD).Nos.1157 and 1159 of 2025 M.Marklin Manonmani ... Petitioner Vs.

1. The District Educational Officer (Primary Education), O/o the District Education Officer, Virudhunagar,

2. The Block Development Officer, O/o. the Block Education Office, Kariyapatti,

3. The Correspondent, Chithumoonradaipu, Kariapatti, 1/4

4. The Correspondent, Chinnakattangudi, Aruppukottai, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call the records relating to the order passed by the the 1st respondent in his proceedings in Oo.Muu.No.3623/A6/2024 dated 24.10.2024 and quash the same as illegal and consequently to direct the 1st respondent to approve the relieving of the petitioner from the post of Secondary Grade Teacher from the 3rd respondent School w.e.f. 02.09.2024 and consequentially to direct the 1st respondent to approve the appointment of the petitioner by promotion in the Post of Headmistress in the 4th respondent school w.e.f. 03.09.2024 with all attendant, service and monetary benefits. For Petitioner : Mr.P.Mohammed Suhail For R1 and R2 : Mr.M.Siddharthan Additional Government Pleader For R3 and R4 : No Appearance 2/4

ORDER

During the course of hearing, learned Additional Government Pleader appearing for the 1st and 2nd respondents submits that as per the settled law, for appointment of teachers in minority-aided schools, having qualification of TET (Teacher Eligibility Test) is not mandatory.

2. Considering the same, the order impugned in this writ petition is hereby set aside and the matter is remanded back to the 2nd respondent to pass a fresh order by following the settled law on this aspect, within a period of two weeks from the date of receipt of a copy of this order.

3. Accordingly, writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. 03.03.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/4

BATTU DEVANAND, J.

rgm To

1. The District Educational Officer (Primary Education), O/o the District Education Officer, Virudhunagar,

2. The Block Development Officer, O/o. the Block Education Office, Kariyapatti,

3. The Correspondent, Chithumoonradaipu, Kariapatti,

4. The Correspondent, Chinnakattangudi, Aruppukottai, W.P.(MD).No.1632 of 2025 and W.M.P(MD).Nos.1157 and 1159 of 2025 03.03.2025 4/4