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Madras High CourtWP(MD)/8434/2019disposed of

Central Higher Secondary v. The Chief Educational Officer

2019-04-09Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.8434 of 2019 and W.M.P(MD)No.6615 of 2019 Central Higher Secondary School, Kayalpatnam - 628 204, Tuticorin District, Rep. by its Correspondent.

... Petitioner Vs.

1.The Chief Educational Officer, Tuticorin District, Tuticorin - 628 002.

2.The District Educational Officer, Tiruchendur - 628 215, Tuticorin District.

3.Benazir ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings issued by the second respondent in his proceedings O.Mu.No.1174/A4/2019, dated 25.03.2019 quash the same as illegal insofar as it relates to the insistence of TET Certificate and consequently direct the first respondent to approve the appointment of the third respondent as B.T Assistant (Maths) in the petitioner School with effect from 02.01.2019 in pursuance of the Petitioner's proposal, dated 13.03.2019 without reference to Teacher Eligibility Test within the period stipulated by this Court.

For Petitioner :

Mr.M.E.Ilango For RR 1 & 2 :

Mrs.S.Srimathy, Special Government Pleader.

ORDER

This writ petition has been filed to quash the impugned proceedings of the second respondent, dated 25.03.2019 and direct the first respondent to approve the appointment of the third respondent as BT Assistant (Maths) in the petitioner-school with all attendant benefits.

2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader for the respondents 1 and 2.

3.The learned counsel appearing for the petitioner submitted that the petitioner-school has appointed the third respondent as a BT Assistant (Maths) and seeking approval of the same, the petitioner-school submitted a proposal to the Chief Educational Officer on 13.03.2019 through proper channel viz., the District Educational Officer. The District Educational Officer, without forwarding the said proposal to the Chief Educational Officer, passed the impugned order dated 25.03.2019, denying approval to the appointment for want of pass in Teachers Eligibility Test (TET), which is not applicable to the petitioner-school. Hence, this writ petition.

4.The learned counsel appearing for the petitioner further submitted that the issue involved in this writ petition is squarely covered by the earlier order of this Court in The Manager and Correspondent, Carpenter Street Middle School, Gopalsamy Street, Tuticorin, Tuticorin District - 628 001 Vs. The State of Tamil Nadu, rep.by its Secretary, Department of School Education, Fort St. George, Chennai - 600 009 [W.P(MD)No.12876 of 2017, decided on 12.07.2017] and prayed for passing similar orders in this writ petition also. It would be useful to refer to the operative portion of the said order, which reads as follows: "5.

When it is well settled legal position that in the matters of appointment of teachers in a minority educational institution, the teachers can be appointed even without passing the Teachers Eligibility Test, the present impugned order directing the petitioner minority school to enclose the certificate of pass in Teachers Eligibility Test by the Secondary Grade Teacher Tmt.E.Mispa Georgina, is wholly unsustainable. Therefore, the same is set aside and the second respondent is hereby directed to forward the proposal sent by the petitionerschool to the third respondent. On receipt of the same, the third respondent is directed to consider the said proposal and pass appropriate orders on the said proposal, within a period of four weeks therefrom." 5.

The said submission made by the learned counsel for the petitioner has been fairly conceded by the learned Special Government Pleader appearing for the respondents 1 and 2. 6.Following the aforesaid order, the impugned order of the second respondent dated 25.03.

respondent is hereby directed to forward the proposal sent by the petitioner-school to the first respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the first respondent is directed to consider the said proposal and pass appropriate orders, on the said proposal, within a period of four weeks therefrom.

7.The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The Chief Educational Officer, Tuticorin District, Tuticorin - 628 002.

2.The District Educational Officer, Tiruchendur - 628 215, Tuticorin District.

+1 CC to M/s.M.E.ILANGO, Advocate ( SR-59949[F] dated 09/04/2019 ) +1 CC to M/s.SPL GP ( SR-60192[F] dated 10/04/2019 ) PS W.P(MD)No.8434 of 2019 09.04.2019 KM/(10.05.2019) 3P 5C