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Madras High CourtWP(MD)/8083/2020disposed of

J.Angeline v. The Prl. Secretary To Govt.,

2025-09-01Honourable Mr Justice Abdul Quddhose6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD) Nos.7509 & 7510 of 2020 J.Angeline ... Petitioner -vs1.The Principal Secretary to Government Higher Education (J1) Department Fort St.George, Chennai 2.The Chief Education Officer Pudhukkottai District Pudukkottai 3.The District Education Officer Pudhukkottai District Pudukkottai 4.The Correspondent T.E.L.C.Higher Secondary School Pudhukkottai District Pudukkottai ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for records relating to the impugned order passed by the 1st respondent in G.O.(Ms).No.270 dated 03.12.2019 in so far as fixing the eligibility of B.E., B.Ed., qualified persons like the petitioner to handle classes from VI standard to VIII standard as per resolution No. 2.30 is concerned and quash the same and consequently direct the 1st respondent to fix the eligibility of B.E., B.Ed., qualified persons like the petitioner as that of B.T.Assistant thereby permitting to handle classes upto X standard as per the Educational Service Rule of Jurisprudence beside directing the respondents 2 and 3 to approve the petitioner's post in the 4th respondent school and disburse the salary and other benefits to her within a time frame as fixed by this Court.

For Petitioner :

Mr.B.Prahala Ravi For Respondents :

Mr.S.Shaji Bino Special Government Pleader for R1 to R3 No appearance for R4

O R D E R

This writ petition has been filed challenging the impugned Government Order in G.O.(Ms) No.270, Higher Education (J1) Department, dated 03.12.2019 fixing the eligibility of B.E., B.Ed., qualified persons, like that of the petitioner, to handle Classes only from 6th Standard to 8th Standard.

2. The petitioner is holding B.E., B.Ed., qualification and is handling Classes upto 10th Standard in the fourth respondent - School. As per the aforesaid Government Order, B.E., B.Ed., qualified persons are eligible to handle Classes only upto 8th Standard. On the apprehension that the petitioner's services will be terminated, she has filed this writ petition challenging the aforesaid Government Order. The petitioner continues to handle Classes upto 10th Standard till now by virtue of the interim order granted in this writ petition.

3. Learned counsel for the petitioner, on instructions, would submit that the petitioner is now willing to handle Classes in the fourth

respondent - School only upto 8th Standard and not teach the students for 9th and 10th Standards.

4. Learned Special Government Pleader appearing for the respondents 1 to 3, on instructions, would submit that if the petitioner is going to handle the Classes in the fourth respondent - School only upto 8th Standard, the respondents will not terminate the services of the petitioner.

5. In view of the undertaking given by the petitioner through her counsel that she will be handling Classes only upto 8th Standard and will not handle Classes for 9th and 10th Standards, which she has been handling till now, this writ petition is disposed of by issuing the following directions: (a) The petitioner shall handle Classes in the fourth respondent - School only upto 8th Standard and shall not teach the students of higher classes.

(b) If the petitioner teaches the students in the fourth respondent - School only upto 8th Standard as per G.O.(Ms) No.270, Higher Education (J1) Department, dated 03.12.2019, issued by the first respondent, her

services shall not be terminated, on the ground that she had taught students upto 10th Standard earlier. (c) No costs. Consequently, connected miscellaneous petitions are closed.

01.09.2025 (1/2) NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Principal Secretary to Government, Higher Education (J1) Department, Fort St.George, Chennai.

2.The Chief Education Officer, Pudhukkottai District, Pudukkottai.

3.The District Education Officer, Pudhukkottai District, Pudukkottai.

ABDUL QUDDHOSE, J.

krk and W.M.P.(MD) Nos.7509 & 7510 of 2020 01.09.2025 (1/2)