Madras High CourtWP(MD)/17588/2017disposed of

C.Jeyaraman, v. State Of Tamil Nadu,

2019-03-13Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)Nos.17588 to 17590 of 2017 and W.M.P.(MD)Nos.14130 to 14132 of 2017 C.Jeyaraman ... Petitioner in W.P.(MD)No.17588 of 2017 P.Vinoth Kumar ... Petitioner in W.P.(MD)No.17589 of 2017 M.Uma ... Petitioner in W.P.(MD)No.17590 of 2017 Vs.

1.The State of Tamil Nadu, represented by its Principal Secretary, Department of School Education, Fort St.George, Chennai -9.

2.The Director of School Education, Office of the Director of School Education, DPI Campus, Chennai - 6.

3.The Chief Educational Officer, Madurai District.

4.The District Educational Officer, Madurai, Madurai District.

... Respondents in all cases COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to directing the respondents to grant extension of period to acquire the qualification of passing Teacher Eligibility Test (TET) to the petitioners based on the amendment to the provisions of Right of Children to Free and Compulsory Education Act, 2009, approved by Government of India and not to terminate the service of the petitioners.

For Petitioners : Mr.T.Lajapathi Roy (in all cases) For R1 to R4 : Mrs.S.Srimathy (in all cases) Special Government Pleader COMMON ORDER Seeking for a direction to the respondents to grant extension of time to acquire the qualification of passing TET, based on the amendment to the provisions of Right of Children to Free and

Compulsory Education Act, 2009 and consequential direction to the respondents not to terminate the service of the petitioners, the present writ petitions have been filed.

2.Heard the learned Counsel appearing on both sides and perused the materials available on record.

3.The learned Counsel for the petitioners submitted that as per the amendment to the provisions of Right of Children to Free and Compulsory Education Act, 2009, the teachers are required to pass Teacher Eligibility Test(TET), otherwise, their service will be terminated without any notice. Since the petitioners have not passed the TET Examination, they seek extension of time to acquire the said qualification. In this regard, they made several representations to the respondents. However, the respondents have not taken any action on the representations of the petitioners. Hence, they are before this Court.

4.The learned Special Government Pleader appearing for the respondents, on instructions, submitted that the petitioners are protected by the present Policy of the Government upto 30th April, 2019.

5.Recording the said submission, these writ petitions are closed, leaving it open to the petitioners to participate in the forthcoming TET Examination. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) To 1.The Principal Secretary, Department of School Education, Fort St.George, Chennai -9.

2.The Director of School Education, Office of the Director of School Education, DPI Campus, Chennai - 6.

3.The Chief Educational Officer, Madurai District.

4.The District Educational Officer, Madurai, Madurai District.

+3 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-53904[F] dated 14/03/2019 ) +1 CC to M/s.SPL GP ( SR-53939,53940,53941[F] dated 14/03/2019 ) CMR ORDER MADE IN W.P.(MD)Nos.17588 to 17590 of 2017 13.03.2019 KM/(10.04.2019) 3P 9C