Case Note & Summary
The case involves a writ appeal filed by the Commissioner of School Education and other education authorities against an order of the writ court approving the appointment of a teacher, D. Buela Priyadharshini, in a minority institution (CSI Northwick Girls Higher Secondary School) without the mandatory Teachers Eligibility Test (TET) qualification. The appellant authorities argued that TET is mandatory for all teaching staff as per the Supreme Court's decision, and the writ court's approval was contrary to law. The respondent teacher contended that the issue of TET applicability to minority institutions is pending before a Constitution Bench of the Supreme Court. The High Court, after considering the submissions, held that the Supreme Court has declared TET qualification mandatory and any discrimination between minority and non-minority institutions is unconstitutional. However, since the matter is sub judice before the Constitution Bench, the court found it improper to grant approval to teachers without TET qualification. The court directed that any approval granted shall be subject to the final outcome of the reference. The writ appeal was disposed of with this observation, and the order of the writ court was set aside to the extent that it granted unconditional approval.
Headnote
A) Education Law - Teachers Eligibility Test (TET) - Mandatory Qualification - The Supreme Court has held that TET qualification is mandatory for all teaching staff and any discrimination in prescription of qualification between minority and non-minority institutions is unconstitutional. (Para 2)
B) Education Law - Minority Institutions - Appointment Approval - In view of the pending reference to the Constitution Bench regarding minority institutions, granting approval to teachers without TET qualification is improper, but if granted, it is subject to the final outcome of the reference. (Para 3)
Issue of Consideration
Whether approval of appointment of a teacher without TET qualification in a minority institution is valid pending the reference to the Constitution Bench by the Supreme Court.
Final Decision
The writ appeal is disposed of with the observation that any approval granted to teachers without TET qualification in minority institutions is subject to the final outcome of the reference made by the Supreme Court to the Constitution Bench. The order of the writ court is set aside to the extent it granted unconditional approval.
Law Points
- Teachers Eligibility Test (TET) mandatory for all teaching staff
- no discrimination between minority and non-minority institutions
- approval subject to final outcome of reference to Constitution Bench
Case Details
2026 LawText (MAD) (06) 191
W.A.No.1624 of 2026 and C.M.P.No.14899 of 2026
S.M.Subramaniam, N.Senthilkumar
Dr.R.Gouri (for appellants), Mr.G.Sankaran (for respondent 1)
The Commissioner Of School Education, The Chief Educational Officer, The District Educational Officer
D. Buela Priyadharshini, The Diocesan Education Officer & Convener, The Correspondent
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Nature of Litigation
Writ Appeal against order approving appointment of teacher without TET qualification in minority institution.
Remedy Sought
Appellants sought to set aside the order dated 14-12-2023 in W.P.No.7536 of 2022 and allow the writ appeal.
Filing Reason
The writ court approved the appointment of a teacher without TET qualification, which the appellants contend is contrary to the Supreme Court's mandate that TET is mandatory for all teaching staff.
Previous Decisions
The writ court in W.P.No.7536 of 2022 approved the petitioner's appointment on 14-12-2023.
Issues
Whether approval of appointment of a teacher without TET qualification in a minority institution is valid pending the reference to the Constitution Bench by the Supreme Court.
Submissions/Arguments
Appellants argued that TET qualification is mandatory for all teaching staff as per Supreme Court decision and there cannot be any discrimination.
Respondent argued that the issue of TET applicability to minority institutions is pending before a Constitution Bench.
Ratio Decidendi
TET qualification is mandatory for all teaching staff, and any discrimination between minority and non-minority institutions is unconstitutional. However, pending the reference to the Constitution Bench, approval of appointments without TET in minority institutions is improper but may be granted subject to the final outcome.
Judgment Excerpts
The Hon’ble Supreme Court has held that the qualification of Teachers Eligibility Test (TET) is mandatory for appointment of all teaching staff and there cannot be any discrimination in the matter of educational qualification amongst the teachers.
In prevailing circumstances, it would be improper to grant approval of appointment in respect of teachers, who do not possess TET qualification. If any such approval is granted in respect of teachers serving in minority institutions, the said approval is subject to final outcome of the Reference made by the Hon’ble Supreme Court to the Constitution Bench.
Procedural History
The writ court (single judge) approved the petitioner's appointment on 14-12-2023 in W.P.No.7536 of 2022. The appellants filed the present writ appeal under Clause 15 of Letters Patent challenging that order.
