The Chief Educational Officer, v. Central Higher Secondary School
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2024 CORAM :
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and CMP(MD)No.14750 of 2024
1. The Chief Educational Officer, Tuticorin District, Tuticorin-628 002.
2. The District Educational Officer, Tuticorin-628 215, Tuticorin District.
... Appellants vs.
1. Central Higher Secondary School, Kayalpatnam-628 204, Tuticorin District, Represented by its Correspondent.
2. J Aysha Beevi ... Respondents Prayer : Appeal filed under Clause 15 of Letters Patent, against the order made in W.P(MD)No.29907 of 2023 dated 18.12.2023. For Appellants : Mr.S.P.Maharajan, Special Government Pleader For R1 : Mr.M.Jerin Mathew For R2 : Mr.B.Subash Page No.1 of 4
JUDGMENT
(Judgment of the Court was made by R.SUBRAMANIAN, J.) The Writ Court had allowed the writ petition and directed approval of the appointment of the 2nd respondent as B.T. Assistant in Science in the 1st respondent school. The rejection was on the ground that the incumbent has not obtained TET qualification and there is a surplus. This Court has repeatedly held that TET qualification is not required for appointment in minority institutions and the question of surplus will not arise if the institution is a stand alone minority institution, unless it is shown that there are surplus teachers in the very institution. It is admitted that there are no surplus teachers in the 1st respondent school on the date of appointment of the 2nd respondent. Hence, the Writ Appeal is dismissed.
The appellants will approve the appointment of the 2nd respondent within a period of twelve weeks from today and also pay all the salary and other benefits payable to her within the said period. No costs. Consequently, connected miscellaneous petition is closed. (R.S.M, J.) (L.V.G, J.) 23.10.2024 Index : Yes / No : Yes / No bala Page No.
To
1. The Chief Educational Officer, Tuticorin District, Tuticorin-628 002.
2. The District Educational Officer, Tuticorin-628 215, Tuticorin District.
Page No.3 of 4
R.SUBRAMANIAN, J.
and L.VICTORIA GOWRI, J.
bala JUDGMENT MADE IN DATED : 23.10.2024 Page No.4 of 4