A.Cecily Josephin Jeya v. The Director Of Elementary Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2025

CORAM:

THE HON'BLE MR JUSTICE R.VIJAYAKUMAR W.P.(MD)No.30076 of 2024 A.Cecily Josephin Jeya Secondary Grade Teacher RC Primary School Veikalipatti, Tenkasi District .... Petitioner Vs.

1.The Director of Elementary Education College Road, Chennai 06 2.The District Educational Officer (Elementary) Tenkasi, Tenkasi District 3.The Block Educational Officer Kadayam, Tenkasi District 4.The Correspondent RC Primary School Veikalipatti, Tenkasi District .....Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the second respondent District Educational Officer (Elementary) in O.Mu.No. 1427/Aa2/2021 dated 17.12.2021, quash the same and further direct the 1/6

respondents to sanction monetary benefits attached to the post of Secondary Grade Teacher viz., Annual Increments, Earned Leave Arrears etc including the re-fixation of salary towards VIIth Pay Commission on part with similarly placed persons in the fourth respondent school. For Petitioner : Mr.S.Xavier Rajini For Respondents : Mr.T.Amjadkhan Government Advocate for R1 to R3

ORDER

The instant writ petition has been filed by a Secondary Grade Teacher working in the fourth respondent School challenging the order passed by the second respondent wherein the request of the petitioner for grant of monetary benefits like annual increment and other benefits have been rejected.

2.The sanctioning authorities have rejected the proposal submitted by the management for approving the appointment of the writ petitioner on the sole ground that the petitioner has not passed Teachers Eligibility Test (TET) Examination. The petitioner has filed WP(MD).No. 6018 of 2021 before this Court challenging the said order. This Court was pleased to allow the writ petition on 18.03.2021 wherein a direction was issued to the authorities to consider and pass orders. Since the order was 2/6

not complied with, the petitioner had filed Contempt Petition in C.P(MD).No.2210 of 2024. Pending Contempt Petition, the authorities have passed an order on 17.12.2021 rejecting the request of the petitioner for approval for non-passing of TET examination. The said order is under challenge in the present writ petition.

3.A perusal of the impugned order reveals that the proposal of the management for approving the appointment of the writ petitioner has been rejected on the sole ground that the petitioner has not passed TET Examination. This order is put to challenge challenge in the present writ petition.

4.According to the learned counsel for the writ petitioner, the fourth respondent School is a minority institution and therefore, a pass in TET is not mandatory for being appointed to the said institution. 5.Per contra, the learned Government Advocate herein had contended that the petitioner having not passed TET examination, cannot be approved for her appointment.

6.I have considered the submissions made on either side and perused the material records.

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7.The Hon'ble Division Bench of our High Court in a judgment reported in 2023-3-LW-112 (The Director of School Education D.P.I. Campus, College Road & others Vs. M.Velayutham & another) in Paragraph No.74(c) has categorically held that a pass in TET examination is not mandatory for being appointed in the minority institution. Therefore, the reason assigned in the impugned order for rejecting the approval for the appointment of the writ petitioner is not legally sustainable. Therefore, the order impugned in the writ petition is set aside. The respondents are directed to approve the appointment of the writ petitioner with effect from the date of initial appointment with all attendant benefits and pass orders within a period of 12 weeks from the date of receipt of a copy of this order. 8.In fine, this writ petition stands allowed to the extent as stated above. No costs. Consequently, connected miscellaneous petitions are closed.

30.01.2025 Index : Yes/No Internet : Yes/No NCC:

: Yes/No msa 4/6

To 1.The Director of Elementary Education College Road, Chennai 06 2.The District Educational Officer (Elementary) Tenkasi, Tenkasi District 3.The Block Educational Officer Kadayam, Tenkasi District 5/6

R.VIJAYAKUMAR, J.

msa W.P.(MD)No.30076 of 2024 30.01.2025 6/6