The Chief Educational Officer v. A.Irin Hepsi Kiruba
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.A.(MD) Nos.1802, 1819, 1838, 1845, 1874, 2054, 2073 & 2085 of 2025 and C.M.P.(MD) Nos.10198, 10300, 10412, 10451, 10685, 11736, 11851 & 11928 of 2025 W.A.(MD) No.1802 of 2025:
1.The Chief Educational Officer Office of the Chief Educational Office Tirunelveli District, Tirunelveli 2.The District Elementary Educational Officer Office of the District Elementary Educational Office Valliyoor, Tirunelveli District 3.The Block Educational Officer Valliyoor Block, Valliyoor Tirunelveli District ... Appellants -vs1.A.Irin Hepsi Kiruba 2.The Correspondent TDTA Middle School Palayamkottai Town and Taluk Tirunelveli District ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 05.09.2023, passed in W.P.(MD) No.21659 of 2023, on the file of this Court.
For Appellants :
Mr.J.Ashok Additional Government Pleader For Respondents :
No appearance for R1 Mr.V.Karthick Raja for R2 W.A.(MD) No.1819 of 2025:
1.The Director of School Education O/o.The Directorate of School Education DPI Compound, College Road Chennai-6 2.The Chief Educational Officer O/o.The Chief Educational Officer Madurai, Madurai District 3.The District Educational Officer (Elementary) O/o.the District Educational Officer Melur, Madurai District ... Appellants -vsJothi Higher Secondary School Narimedu, Madurai rep.by its Correspondent R.Arun ... Respondent
Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 29.10.2024, passed in W.P.(MD) No.26162 of 2024, on the file of this Court.
For Appellants :
Mr.J.Ashok Additional Government Pleader For Respondent :
Mr.C.R.Kasi Viswanathan W.A.(MD) No.1838 of 2025:
1.The Government of Tamil Nadu rep.by its Secretary Department of School Education Fort St.George, Chennai-9 2.The Director of School Education DPI Campus, College Road, Chennai-6 3.The Chief Educational Officer Office of the Chief Educational Office Tirunelveli - 627 001 4.The District Educational Officer The Office of the District Educational Officer Tirunelveli District-627 001 ... Appellants -vs1.G.Kartheeswari 2.The Correspondent St.Josephs Girls Higher Secondary School Jawahar Nagar, Tirunelveli-627 007 ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 10.07.2024, passed in W.P.(MD) No.15194 of 2024, on the file of this Court.
For Appellants :
Mr.J.Ashok Additional Government Pleader For Respondents :
Fr.S.Savarimuthu for M/s.Father Xavier Associates for R1 Mr.A.T.Anbarasan for R2 W.A.(MD) No.1845 of 2025:
1.The Director of Elementary Education DPI Campus, Chennai-6 2.The District Educational Officer (Elementary) Kovilpatti, Thoothukudi District 3.The Block Educational Officer-I Kovilpatti, Thoothukudi District ... Appellants -vs1.T.Iruthaya Amali 2.The Correspondent Punitha Inigo Primary School Venkatachalapuram Thoothukudi District ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 17.12.2024, passed in W.P.(MD) No.29759 of 2024, on the file of this Court.
For Appellants :
Mr.J.Ashok Additional Government Pleader For Respondents :
Mr.T.Aswin Rajasimman for R1 Not ready in notice for R2 W.A.(MD) No.1874 of 2025:
1.The Director of School Education D.P.I.Compound, College Road Chennai 2.The Chief Educational Officer Tirunelveli District, Tirunelveli 3.The District Educational Officer Tirunelveli District, Tirunelveli ... Appellants -vs1.Esther 2.The Correspondent Sarah Tucker Higher Secondary School Palayamkottai Tirunelveli District ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 15.11.2024, passed in W.P.(MD) No.738 of 2024, on the file of this Court.
For Appellants :
Mr.J.Ashok Additional Government Pleader For Respondents :
Mr.S.Chellapandian for R1 Mr.M.Saravanakumar for R2 W.A.(MD) No.2054 of 2025:
1.The Chief Educational Officer Tenkasi, Tenkasi District 2.The District Educational Officer (Secondary) Tenkasi, Tenkasi District ... Appellants -vsHidhayathul Islam Higher Secondary School rep.by its Manager Kadayanallur-627 751 Tenkasi District ... Respondent Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 26.03.2025, passed in W.P.(MD) No.8426 of 2025, on the file of this Court.
For Appellants :
Mr.J.Ashok Additional Government Pleader For Respondent :
Mr.Pon Ramkumar W.A.(MD) No.2073 of 2025:
1.The Director of School Education College Road, Chennai-600 006 2.The Chief Educational Officer Tiruchirapalli Tiruchirapalli District 3.The District Educational Officer (Elementary Education) Mannarpuram Tiruchirapalli, Tiruchirapalli District 4.The Block Educational Officer Woraiyur, Tiruchirapalli District ... Appellants -vsThe Correspondent St.Mary's Tope Middle School Tiruchirapalli-620 002 Tiruchirapalli District ... Respondent Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 19.10.2024, passed in W.P.(MD) No.22663 of 2024, on the file of this Court.
For Appellants :
Mr.J.Ashok Additional Government Pleader For Respondent :
Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers W.A.(MD) No.2085 of 2025:
1.The Chief Educational Officer Office of the Chief Educational Office Madurai, Madurai District 2.The District Educational Officer Office of the District Educational Office Tamukkam, Madurai District ... Appellants -vs1.P.Nijam Devi 2.The Correspondent Sirumalar Girls Higher Secondary School Nagamalai, Madurai District ... Respondents Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 22.10.2024, passed in W.P.(MD) No.23689 of 2024, on the file of this Court.
For Appellants :
Mr.J.Ashok Additional Government Pleader For Respondents :
Mr.Mohamed Imran for M/s.Ajmal Associates for R1 Fr.S.Savarimuthu for M/s.Father Xavier Associates for R2
C O M M O N J U D G M E N T [Judgment of the Court was made by S.M.SUBRAMANIAM, J.] These intra court appeals have been instituted by the State challenging the orders passed by the learned Single Judges holding that Teachers Eligibility Test is not mandatory for grant of approval of appointment in respect of the Minority Schools.
2. The issue relating to the Teachers Eligibility Test as a mandatory qualification for the teachers appointed by the Minority Institutions has been time and again adjudicated in various proceedings. However, the Division Bench of this Court vide Judgment dated 20.11.2023 in W.A.(MD) No.320 of 2023 considered the decisions of the Honourable Supreme Court of India and the scope of the provisions of the Right of Children to Free and Compulsory Education Act, 2009, in the context of prescription of educational qualification for appointment to the teaching post. It was reiterated that there cannot be any disparity in educational qualification amongst the teachers appointed in the Government Schools, Aided Schools and Minority Schools. In the event of any disparity, it will result in affecting the teaching capacity of the teachers. The very reason for introducing the
Teachers Eligibility Test is to ensure and ascertain the capacity of the teachers to impart education to the children in the schools. Paragraph No.32 of the said decision reads as under:
"32.Right to administer by the minority would not exempt the power of the State from regulating the educational qualifications, salary and other service conditions for the teaching and non-teaching staff in order to maintain uniform standards in the matter of education. In this context, Section 3 of the Act provides power of the Government to regulate the school education. Accordingly, the Government may regulate different stage of education and courses of instruction in private schools. In T.M.A.Pai Foundation's case the Eleven Judges Bench held that regulations can be framed governing the service conditions for teaching and other staff, for whom aid is provided by the State without interfering over all administrative control of management.
When the Eleven Judges bench has been distinguished the power of State to enact Act and Rules governing service conditions for teaching and other staff, including qualifications, there is no impediment for the State to prescribe Teachers Eligibility Test as a requisite qualification for appointment to teaching posts, dehors the provisions of the Right of Children to Free and Compulsory Education Act."
3. Learned Additional Government Pleader appearing for the appellants brought to the notice of this Court that the Tamil Nadu Private Schools (Regulation) Act, 2018, contemplates minimum educational qualification for the teaching staff of the private schools. Accordingly, Teachers Eligibility Test is prescribed as a mandatory qualification for recruitment to the teaching post in the Aided Schools, Minority Institutions and Government Schools. However, learned Additional Government Pleader submitted that in respect of the teachers appointed long back, their cases will be considered by the Government. After the notification of the Tamil Nadu Private Schools (Regulation) Rules, Teachers Eligibility Test became mandatory and it is being followed scrupulously in order to maintain uniform standard in the matter of appointment to the teaching post in Aided Schools, Minority Institutions and Government Schools.
4. With reference to the above submission, learned Additional Government Pleader produced a copy of the letter issued by the Principal
Secretary to Government, School Education Department, dated 16.04.2025. Paragraph No.10 of the said letter reads as under: "10.Hence, I am to request your good selves to bring the above facts for the notice of the Hon'ble High Court as and when similar matters come up for admission/hearing and it would be appropriate to submit that only if the proposal for approval of appointment with respect to the individual/TET not passed teacher of aided minority school was pending consideration before the authorities concerned prior to 13.01.2023, the said proposal will be considered subject to the final orders to be passed in the above matter by the Hon'ble Supreme Court."
5. In view of the above submission of the learned Additional Government Pleader, the individual cases are to be considered based on its own facts with reference to the rules and decision taken by the Government. Therefore, no further adjudication needs to be undertaken in the present writ appeals and the same are, accordingly, disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [S.M.S., J.] [G.A.M., J.] 12.08.2025
NCC :
Yes / No Index :
Yes / No Internet :
Yes / No krk To:
1.The Chief Educational Officer, Office of the Chief Educational Office, Tirunelveli District, Tirunelveli.
2.The District Elementary Educational Officer, Office of the District Elementary Educational Office, Valliyoor, Tirunelveli District.
3.The Block Educational Officer, Valliyoor Block, Valliyoor, Tirunelveli District.
4.The Director of School Education , O/o.The Directorate of School Education, DPI Compound, College Road, Chennai-6.
5.The Chief Educational Officer, O/o.The Chief Educational Officer, Madurai, Madurai District.
6.The District Educational Officer (Elementary), O/o.the District Educational Officer, Melur, Madurai District.
7.The Secretary, Government of Tamil Nadu, Department of School Education,
Fort St.George, Chennai-9.
8.The Director of School Education, DPI Campus, College Road, Chennai-6.
9.The Chief Educational Officer, Office of the Chief Educational Office, Tirunelveli - 627 001.
10.The District Educational Officer, The Office of the District Educational Officer, Tirunelveli District-627 001.
11.The Director of Elementary Education, DPI Campus, Chennai-6 12.The District Educational Officer, (Elementary), Kovilpatti, Thoothukudi District.
13.The Block Educational Officer-I, Kovilpatti, Thoothukudi District.
14.The Director of School Education, D.P.I.Compound, College Road, Chennai.
15.The Chief Educational Officer, Tirunelveli District, Tirunelveli.
16.The District Educational Officer, Tirunelveli District, Tirunelveli.
17.The Chief Educational Officer, Tenkasi, Tenkasi District.
18.The District Educational Officer (Secondary), Tenkasi, Tenkasi District.
19.The Director of School Education, College Road, Chennai-600 006.
20.The Chief Educational Officer, Tiruchirapalli, Tiruchirapalli District.
21.The District Educational Officer, (Elementary Education), Mannarpuram, Tiruchirapalli, Tiruchirapalli District.
22.The Block Educational Officer, Woraiyur, Tiruchirapalli District.
23.The Chief Educational Officer, Office of the Chief Educational Office, Madurai, Madurai District.
24.The District Educational Officer, Office of the District Educational Office, Tamukkam, Madurai District.
S.M.SUBRAMANIAM, J.
and G.ARUL MURUGAN , J.
krk W.A.(MD) Nos.1802, 1819, 1838, 1845, 1874, 2054, 2073 & 2085 of 2025 and C.M.P.(MD) Nos.10198, 10300, 10412, 10451, 10685, 11736, 11851 & 11928 of 2025 12.08.2025