Case Note & Summary
The case involves a writ appeal filed by the District Educational Officer and Block Educational Officer against an order of a learned Single Judge dated 10.09.2024 in W.P.(MD)No.20829 of 2024. The respondent school, a minority institution, had appointed a teacher and obtained approval from the educational authorities. However, the authorities refused to release the grant on the ground that the teacher did not possess the Teacher Eligibility Test (TET) qualification. The teacher and the school challenged this refusal before the Writ Court. The learned Single Judge, relying on earlier decisions of the Madras High Court, held that TET qualification is not mandatory for teachers in minority institutions and directed the authorities to confer all monetary benefits to the school. The appellants challenged this order in the present writ appeal. The Division Bench noted that the Hon'ble Supreme Court and several coordinate benches of this Court have consistently held that possession of TET qualification for a teacher in a minority institution is not mandatory. The court observed that the appellants, having granted approval of the appointment, were not justified in insisting on TET qualification and withholding the financial grant. Finding no illegality or infirmity in the order of the learned Single Judge, the Division Bench dismissed the writ appeal with no order as to costs.
Headnote
A) Education Law - Minority Institution - TET Qualification - Not Mandatory - The issue was whether a teacher in a minority institution must possess TET qualification for release of grant after approval of appointment - The court held that consistent decisions of the Supreme Court and coordinate benches establish that TET qualification is not mandatory for teachers in minority institutions - The appellants, having granted approval, cannot insist on TET qualification and withhold financial grant (Paras 2-3).
Issue of Consideration
Whether TET qualification is mandatory for a teacher in a minority institution for release of grant after approval of appointment
Final Decision
Writ Appeal dismissed. No order as to costs. Consequently, C.M.P.(MD)No.385 of 2025 is closed.
Law Points
- TET qualification not mandatory for teachers in minority institutions
- approval of appointment cannot be followed by withholding grant on ground of lack of TET qualification
Case Details
2025 LawText (MAD) (01) 223
W.A.(MD)No.72 of 2025 and C.M.P.(MD)No.385 of 2025
M.S.RAMESH, A.D.MARIA CLETE
Mr.J.Ashok, Additional Government Pleader for Appellants; Ms.A.Amala for Respondent
1.The District Educational Officer, (Elementary Education), Sivagangai, Sivagangai District. 2.The Block Educational Officer – 2, Ilayangudi, Sivagangai District.
1.T.Estharmary 2.The Correspondent, R.C. Primary School, Kundukulam – 630 709, Sivagangai District.
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Nature of Litigation
Writ Appeal against order of Single Judge directing release of grant to minority school despite teacher lacking TET qualification
Remedy Sought
Appellants sought to set aside the order of the learned Single Judge dated 10.09.2024 in W.P.(MD)No.20829 of 2024
Filing Reason
Appellants refused to release grant on ground that teacher was not qualified in TET, despite having granted approval of appointment
Previous Decisions
Learned Single Judge allowed writ petition relying on earlier decisions of this Court that TET qualification is not mandatory for minority institutions
Issues
Whether TET qualification is mandatory for a teacher in a minority institution for release of grant after approval of appointment
Submissions/Arguments
Appellants argued that teacher lacked TET qualification and therefore grant should not be released
Respondents relied on earlier decisions that TET qualification is not mandatory for minority institutions
Ratio Decidendi
TET qualification is not mandatory for teachers in minority institutions; having granted approval of appointment, educational authorities cannot withhold financial grant on the ground of lack of TET qualification.
Judgment Excerpts
The Hon'ble Supreme Court as well as several decisions of the Co-ordinate Benches of this Court have been consistently taking a stand that possession of TET qualification for a teacher in a minority institution is not mandatory.
The appellant herein, having granted approval of the appointment, are not justified in insisting for TET qualification for the concerned teacher and therefore, the consequential action of withholding the financial grant cannot be justifiable.
Procedural History
The respondent school filed W.P.(MD)No.20829 of 2024 before the Madras High Court challenging the refusal to release grant. The learned Single Judge allowed the writ petition on 10.09.2024. The appellants filed the present writ appeal under Clause 15 of Letters Patent against that order.
