S.Marimuthu v. The State Of Tamil Nadu

1 W.P.(MD)NO.15804 OF 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MS.JUSTICE R.POORNIMA W.P.(MD)No.15804 of 2019 AND W.M.P.(MD)Nos.12556 & 12558 of 2019 S.Marimuthu ... Petitioner Vs.

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

2. The Director, School Education Department, DPI Campus, College Road, Chennai.

3. The Chief Educational Officer,

4. The District Educational Officer, Trichy, Trichy District.

5. National Council for Teacher Education, Through its Chairman, Hans Bhawan, Wing-II, Bahadur Sha Zagar Marg, New Delhi.

6. The Member Secretary, Teachers Recruitment Board, E.V.K.Sambath Maligai, 1/6

2 W.P.(MD)NO.15804 OF 2019 DPI Compound, Chennai.

7. The Higher Secondary School for Boys, Rep. by its Secretary, Srirangam,

8. The Secretary, Ministry of Human Resources Development, Sasthri Bhavan, New Delhi.

(R-8 is suo motu impleaded vide order dated 16.07.2019.) ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from insisting Teachers Eligibility Test as qualification for the petitioner as he was appointed prior to 29.07.2011and the same was approved by the fourth respondent without any condition. For Petitioner : Mr.N.Mohan For R-1 to R-4 : Mr.V.Om.Prakash, Government Advocate.

For R-5 : Mr.R.Gowri Shankar, Panel Counsel for NCTE.

* * *

O R D E R

(Order of the Court was delivered by G.R.SWAMINATHAN, J.) 2/6

3 W.P.(MD)NO.15804 OF 2019 Heard both sides.

2. The writ petitioner herein was appointed as B.T.Assistant (History) in the seventh respondent school on 30.11.2010. He did not possess TET qualification. His appointment was approved.

3. The case on hand is squarely covered by the order dated W.A.(MD)No.2190 of 2021 (State of Tamil Nadu V. M.Maharani) 22.11.2024. Paragraph Nos.4 and 5 of the aforesaid order reads as follows:- "4. The Hon'ble Division Bench vide order dated 02.06.2023 in W.A.No.313 of 2022 etc. batch had held that any teacher appointed as Secondary Grade Teacher or Graduate Teacher/ BT Assistant prior to 29.07.2011 shall continue in service and also receive increments and incentives, even if they do not possess TET. For getting promotion, they will have to necessarily possess TET. Failing which, they will not be eligible for promotion.

5. Aggrieved by the said decision, the State filed SLP(Civil) Diary No.45649 of 2023 before the Hon'ble Supreme Court of India. Before the Hon'ble Supreme Court of India, it was specifically submitted by the learned 3/6

4 W.P.(MD)NO.15804 OF 2019 Senior counsel appearing for the State that the direction given by the Hon'ble Division bench for continuation of teachers appointed prior to 29.07.2011 even without the TET qualification, is not being challenged. Since such a specific submission was made before the Hon'ble Supreme Court of India, the present challenge can no longer lie. The order impugned in this writ appeal is sustained. This writ appeal is dismissed."

4. In view of the aforesaid order of the Hon'ble Division Bench, the prayer sought for has to be granted. Since the petitioner was appointed prior to the cut of date, his appointment has to be necessarily approved. The third respondent is directed to approve the writ petitioner's appointment with effect from 30.11.2010 and disburse all the consequential monetary benefits. The writ petition is allowed as prayed for. No costs. Consequently, connected miscellaneous petitions are closed.

(G.R.SWAMINATHAN, J.) & (R.POORNIMA, J.) 30.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No 4/6

5 W.P.(MD)NO.15804 OF 2019 PMU To:

1. The Principal Secretary to Government, School Education Department, St. George Fort, Chennai - 9.

2. The Director, School Education Department, DPI Campus, College Road, Chennai.

3. The Chief Educational Officer,

4. The District Educational Officer, Trichy, 5/6

6 W.P.(MD)NO.15804 OF 2019 G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

PMU W.P.(MD)No.15804 of 2019 s 30.01.2025 6/6