P. Nijam Devi v. The Chief Educational Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.23689 of 2024 and W.M.P(MD).Nos.20056 & 20057 of 2024 P.Nijam Devi ... Petitioner vs 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.
3.The Correspondent, Sirumalar Girls Higher Secondary School, Nagamalai, Madurai District.
... Respondents 1/6
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 1st respondent in his proceedings in e.f.vz.;6597/m5/2024 dated 30.07.2024 and quash the same and consequentially to direct the respondents to approve the appointment of the petitioner as B.T. Assistant (History) w.e.f., 12.06.2019 without insisting TET in terms of order made in W.A.(MD).No.354 of 2020 dated 22.06.2023 and pay arrears of salary with all consequential benefits arising thereon within the period that may be stipulated by this Hon'ble Court. For Petitioner : Mr.A.Nawazkhan For Respondents Nos.1 & 2 : Mr.N.Satheesh Kumar Additional Government Pleader *****
O R D E R
The instant writ petition has been filed by a B.T. Assistant (History) teacher, challenging the order passed by the first respondent herein, wherein, the proposal sent by the school management for approval of her appointment has been rejected on the ground that the petitioner has not passed the Teachers Eligibility Test.
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2. The petitioner herein was appointed as B.T.Assistant (History) in the 3rd respondent school on 12.06.2019. The school management has forwarded a proposal to the authorities for approval of the petitioner's appointment. The first respondent has rejected the said proposal on the sole ground that the petitioner has not passed the TET examination by way of impugned order dated 30.07.2024.
3. I have carefully considered the submissions made on either side and perused the materials available on record.
4. The Judgement of the Hon'ble Division Bench of this Court reported in 2023 (3) Law weekly Page.112 para 76(c) has held that passing of TET examination is not mandatory either for appointment or for grant of increments for a teacher to be appointed in a minority institutions.
5. In view of the above said judgement, the order impugned in this writ petition is set aside and the matter is remitted back to the 1st respondent herein to pass order for approving the appointment of the writ petitioner with effect from 12.06.2019 and pass appropriate orders within a period of twelve (12) weeks from the date of receipt of copy of this order. 3/6
6. With the above said observation, this writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed. 22.10.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No gvn 4/6
To 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.
3.The Correspondent, Sirumalar Girls Higher Secondary School, Nagamalai, Madurai District.
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R.VIJAYAKUMAR,J.
gvn W.P(MD)No.23689 of 2024 22.10.2024 6/6