Sheela v. The Secretary To Govt.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and M.P.(MD)Nos.1,1,1,1 and 1 of 2015 W.P.(MD).No.19257 of 2015 Sheela Thoothukudi, Thoothukudi District.
Kayathar, Thoothukudi District.
Vadakku Vandanam, Thoothukudi District.
to grant approval to the petitioner's appointment as B.T. Assistant in the 5th respondent minority aided school.
W.P.(MD).No.19258 of 2015 Arockiamary 1/6
Vasudevanallur, Tirunelveli District.
Chinthamani, Puliyankudi, Tirunelveli District.
W.P.(MD).No.19259 of 2015 Lusia 4.The Additional Elementary Educational Officer, Vallam, Tirunelveli District.
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W.P.(MD).No.19260 of 2015 Mariammal W.P.(MD).No.16821 of 2015 Jansi Rani 3/6
Keelapavoor Division, Tirunelveli District.
Kandamangalam, Pulichikulam, Tirunelveli District.
For Petitioner (in all petitions) : Mr.D.Venkatesh For Respondents (in all petitions) : Mrs.S.Srimathy Special Government Pleader (for R1 to R4) No Appearance (for R5) COMMON ORDER In W.P.(MD).No.19257 of 2015, the relief sought for a direction to direct the respondents 1 to 4 to grant approval to the petitioner's appointment as B.T. Assistant in the 5th respondent minority aided school.
2.In W.P.(MD).Nos.19258, 19259, 19260 and 16829 of 2015, the relief sought for a direction to direct the respondents 1 to 4 to grant approval to the petitioners' appointment as Secondary Grade 3.The claim of the writ petitioners are that they were appointed as B.T. Assistant and Secondary Grade Teacher respectively, in the fifth respondent school, which is a minority aided institution. However, the approval of appointment is not granted enabling the writ petitioners to get salary from the Government. Under those circumstances, the writ petitioners were 4/6
constrained to file the present writ petition. 4.The Special Government Pleader appearing on behalf of the respondents 1 to 4 relying on the counter affidavit filed, made a submission that no proposal for approval of appointment of the writ petitioners in the fifth respondent's school was received at all from the correspondent of the school till the date of filing of the counter affidavit. It is reiterated that in the absence of submission of proper proposal by the school, the educational authorities may not be in a position to consider the case of the writ petitioners for grant of approval of appointment.
When the Government has taken a stand that they have not received any proposal in the prescribed format from the school for consideration, then this Court cannot issue any direction as such sought for, to approve the appointment of the writ petitioners. Approval of appointment is to be granted only by the competent educational authorities after verifying the records and other criterias, as per the Government Orders as well as the statute and rules in force. Thus, the school has to submit the necessary proposal along with all relevant documents in the prescribed format enabling the authorities competent to consider the case of the petitioners for grant of approval to appointment.
5.In this view of the matter, the fifth respondent school is at liberty to submit the proposal in a prescribed format along with all the relevant documents to the competent educational authorities and if any such proposal is received by the authorities, the same shall be considered by the said authority strictly in accordance with the statute, rules as well as the Government Orders in force and suitable orders shall be passed as expeditiously as possible, however, it is made clear that the teacher must possess the Teachers Eligibility Test. Teachers Eligibility Test being a mandatory qualification for appointment to the teaching posts, the said qualification is to be verified both in respect of minority as well as the non-minority institutions. The Courts have now held that pass in the Teachers Eligibility Test is a mandatory qualification prescribed by the Government of Tamil Nadu and therefore, before granting approval of appointment, the competent authorities shall verify whether the teachers has passed the Teachers Eligibility Test.
6.Accordingly, these writ petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS) 5/6
To Thoothukudi, Thoothukudi District.
Kayathar, Thoothukudi District.
5.The District Elementary Educational Officer, 6.The Assistant Elementary Educational Officer, Vasudevanallur, Tirunelveli District.
7.The Additional Elementary Educational Officer, 8.The Assistant Elementary Educational Officer, Keelapavoor Division, Tirunelveli District.
+1 CC to M/s.SPL GP ( SR-84484[F] dated 30/08/2019 ) +1 CC to M/s.D.VENKATESH, Advocate ( SR-84729[F] dated 30/08/2019 ) W.P.(MD).Nos.19257, 19258, 19259, 19260 and 16821 of 2015 29.08.2019 sji JMN(25.09.2019) 6P : 11C 6/6