The State Of Tamilnadu v. The Correspondent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 26/03/2025

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU AND THE HONOURABLE Mrs. JUSTICE S.SRIMATHY and CMP(MD) No.5003 of 2025

1. The State of Tamil Nadu, Represented by its Secretary Department of School Education Fort St. George,Chennai 600 009.

2. The Director of School Education, College Road, Chennai 600 009.

3. The Chief Educational Office, Dindigul 624 001,Dindigul District

4. The District Educational Officer Dindigul 624 001 Dindigul District ... Appellants Vs The Correspondent St. Mary's Higher Secondary School Dindigul 624 001 Dindigul District ... Respondent 1/5

PRAYER :- Writ Appeal filed under Clause 15 of Letters patent against the order of this Court dated 02.01.2024 in WP(MD). No. 31285/2023. For Appellants : Mr.J.Ashok Additional Government Pleader For Respondents : Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers

JUDGMENT

(Judgment of the Court was delivered by J.NISHA BANU, J.) The writ appeal is directed against the order of the writ Court dated 02.01.2024 in WP(MD) No.31285/2023, wherein, it has been held that a pass in Teacher's Eligibility Test cannot be insisted upon for teachers in minority institutions.

2. The learned Additional Government Pleader would submit that the approval of appointment of the Teacher in the respondent school could not be granted on the ground that the Teacher does not possess a pass in the Teacher's Eligibility Test (TET). On this ground, he seeks for setting aside the order of the learned Single Judge passed in the writ petition.

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3. This Court in exercise of its power under Article 226 of the Constitution of India has been consistently holding that a pass in the Teacher's Eligibility Test is not a mandatory pre-requirement for appointment of a Teacher in a minority school and that the educational authorities have no authority to reject a proposal for approval of such appointment made. The orders of the Division Benches of this Court in W.A.No.179 of 2024, dated 22.01.2024 [The Government of Tamil Nadu, Rep. by its Additional Chief Secretary, Department of School Education and others vs. T.Selvarani and another] and in W.A. (MD)No.670 of 2024, dated 12.04.2024 [The District Educational Officer, Sivagangai and another vs. Y.Joseph Mercy Rani and another], are two such orders, wherein, this ratio has been upheld.

4. Since the law has been well laid down as aforesaid, we see no justification on the part of the authorities in having rejected the proposal of the minority schools seeking for approval of the appointments made. 3/5

5. In view of the same, no interference is warranted to the impugned order passed in the writ petition and the writ appeal stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

[J.N.B.,J] [S.S.Y.,J] 26.03.2025 NCC : Yes/No Index : Yes/No RR TO

1. The Secretary Department of School Education Fort St. George,Chennai 600 009.

2. The Director of School Education, College Road,Chennai 600 009.

3. The Chief Educational Office, Dindigul 624 001, Dindigul District

4. The District Educational Officer Dindigul 624 001 Dindigul District 4/5

J.NISHA BANU, J AND S.SRIMATHY, J.

RR

ORDER

IN WA(MD) No.723 of 2025 Date : 26/03/2025 5/5