G. Shanthi, B.T.Assistant, v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD)Nos.7743 & 7744 of 2017 G.Shanthi ... Petitioner /Vs./ 1.The State of Tamil Nadu, Rep. by its Principal Secretary, Department of School Education, Fort St.George, Chennai - 09.

2.The Director of School Education, Directorate of Elementary Education, Chennai - 06.

3.The District Education Officer, Paramakudi, Ramanathapuram District.

4.The Chairman, Teachers Recruitment Board, EVK Sampath Maligai, DPI Compound, College Road, Chennai - 06.

... Respondents 1/4

P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for records pertaining to the impugned proceedings in Na.Ka.No.3416/8D1/2013 dated 01.03.2017 on the file of the respondent No.2 and quash the same as illegal to the extent of compelling the petitioner to acquire a pass in TET for continuance in the post of BT Assistant (Social Science) and consequently to direct the respondents to conduct a special Teacher Eligibility Test for the teachers like the petitioner appointed and approved without the qualification of TET within the time stipulated by this Court.

For Petitioner : Mr.G.Karthik for M/s.T.Lajapathi Roy For Respondents : Mr.T.Amjad Khan (R1 to R3) Government Advocate Mr.V.R.Shanmuganathan (R4) Standing Counsel

ORDER

The petitioner has challenged the impugned proceedings of the second respondent dated 01.03.2017, where the petitioner's request for her continuation in the post of BT Assistant (Social Science) has been 2/4

rejected on the ground that the petitioner has not passed the Teachers Eligibility Test (TET).

2. This writ petition is not maintainable, in view of the settled law as laid down by various decisions of this Court including an order dated 07.04.2022 passed in WP.No.28284 of 2021 etc. batch holding that TET is mandatory. Therefore, the question of quashing the impugned proceedings of the second respondent does not arise and there is no merit in this writ petition. Accordingly, this writ petition is dismissed.

3. Even though this writ petition is dismissed, liberty is granted to the petitioner to participate in TET examination in the near future, if the petitioner is eligible to write the said examination. No costs. Consequently, connected miscellaneous petitions are closed. 29.08.2024 Index : Yes / No NCC : Yes / No Sm 3/4

ABDUL QUDDHOSE, J.

Sm TO:

1.The Principal Secretary, Department of School Education, Fort St.George, Chennai - 09.

2.The Director of School Education, Directorate of Elementary Education, Chennai - 06.

3.The District Education Officer, Paramakudi, Ramanathapuram District.

Order made in Dated:

29.08.2024 4/4