L.Kirubaimani v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12-11-2025 CORAM :
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD)No.27698 of 2025 and WMP(MD).No.21501 of 2025 L.Kirubaimani
...Petitioner
Vs 1.The State of Tamil Nadu, Rep by its Secretary, Department of School Education, Fort St.George, Chennai 600 009.
2. The Director of Elementary Education, College Road, Chennai 600 006.
3. The District Educational Officer (Elementary Education), Kovilpatti, Thoothukudi District.
4. The Block Educational Officer, Vilathikulam -II, Thoothukudi District.
5. The Correspondent, TNDTA Primary School, Vembar, Vilathikulam, Thoothukudi District.
... Respondents 1/6
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceeding issued by the 3rd respondent District Educational Officer in O.Mu.No. 1865/a1/2025 dated 19.08.2025 quash the same and further direct the 3rd respondent district Educational Officer (Elementary), Kovilpatti herein to approve forthwith the transfer cum promotion of petitioner as primary school headmaster w.e.f 10.08.2021 in the 5th respondent school namely, TDTA Primary School, Vembar and the disburse grant in aid towards his salary along with arrears, and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.
For Petitioner : M/s.A.Amala For Respondents : M/s.N.Satheesh Kumar, Additional Government Pleader For R1 to R4 2/6
O R D E R
This writ petition is filed challenging the proceedings issued by the 3rd respondent District Educational Officer in O.Mu.No. 1865/a1/2025 dated 19.08.2025 and seeking consequential direction to the 3rd respondent district Educational Officer (Elementary), Kovilpatti herein to approve forthwith the transfer cum promotion of petitioner as primary school headmaster w.e.f 10.08.2021 in the 5th respondent school namely, TDTA Primary School, Vembar and the disburse grant in aid towards his salary along with arrears.
2. The issue of requirement of Teachers' Eligibility Test(TET), for even to an appointment, is no longer res integra. The Government had also taken a decision to approve the appointment of teachers not possessing TET, if such appointment is made prior to 13.01.2023. The Rules relating to appointment of an Headmaster also do not envisage that the teacher who has already been approved and working in a particular school, when appointed as a Headmaster, the requirement of TET is mandatory. It is not disputed that the petitioner has been promoted as a Headmaster in the minority institution.
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3. For the aforesaid reasons, this Writ Petition is allowed and the order impugned herein is set aside and the respondents are directed to grant approval to the promotion of the petitioner Headmaster with effect from the date of actual date of promotion and grant his all necessary monetary and other attendant benefits. Such exercise shall be carried out within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition stands closed.
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To:
1.The State of Tamil Nadu, Rep by its Secretary, Department of School Education, Fort St.George, Chennai 600 009.
2. The Director of Elementary Education, College Road, Chennai 600 006.
3. The District Educational Officer (Elementary Education), Kovilpatti, Thoothukudi District.
4. The Block Educational Officer, Vilathikulam -II, Thoothukudi District.
5. The Correspondent, TNDTA Primary School, Vembar, Vilathikulam, Thoothukudi District.
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K.KUMARESH BABU , J.
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