W.P.(MD)No.995 of 2025

High Court: Madras High Court Bench: Madurai
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Case Note & Summary

The Correspondent of St. John's Girls Higher Secondary School, Kodaikanal, an aided minority institution, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court. The petition challenged two orders: one dated ----12.2024 (signed as 02.12.2024) by the Chief Educational Officer, Dindigul, and a consequential order dated 06.12.2024 by the District Educational Officer, Palani, rejecting the proposal to approve the appointment of Sr.V. Karophin Mary as B.T. Assistant (History) with effect from 01.06.2018. The rejection was based solely on the ground that the appointee had not passed the Teachers Eligibility Test (TET). The petitioner contended that being an aided minority institution, the requirement to pass TET was not mandatory for appointing teachers. The respondent authorities, represented by the Additional Government Pleader, argued that approval could not be granted without the teacher passing the TET examination. The court recorded the submissions of both sides and perused the materials but the provided excerpt does not include the final order or decision.

Headnote

A) Education Law - Teacher Appointment - Requirement of Teachers Eligibility Test (TET) - Impugned order rejected appointment of B.T. Assistant (History) in aided minority school on ground that appointee had not passed TET - Management argued exemption for minority institutions; authorities contended TET mandatory - Court's order not available in provided excerpt (Paras 2-5).

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Issue of Consideration

Whether passing the Teachers Eligibility Test (TET) is mandatory for appointment as a teacher in an aided minority institution.

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Law Points

  • Teachers Eligibility Test (TET) requirement for aided minority institutions
  • minority educational institutions' exemption from TET
  • approval of teacher appointments in aided schools
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Case Details

2025 LawText (MAD) (02) 254

W.P.(MD) No.995 of 2025

2025-02-18

Battu Devanand, J.

For Petitioner: Mr.R.Hari Hara Selvam for M/s. Isaac Chambers; For Respondents: Mr.M.Siddharthan, Additional Government Pleader

The Correspondent, St.John's Girls Higher Secondary School, Kodaikanal – 624 101, Dindigul District

1. The State of Tamil Nadu, Rep. by its Secretary, Department of School Education, Fort St. George, Chennai – 600 009; 2. The Director of School Education, College Road, Chennai – 600 009; 3. The Chief Educational Officer, Dindigul, Dindigul District; 4. The District Educational Officer (Secondary), Palani, Dindigul District

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Nature of Litigation

Writ petition under Article 226 of the Constitution of India challenging the rejection of approval for a teacher appointment in an aided minority school.

Remedy Sought

Quashing of impugned orders dated 02.12.2024 by the Chief Educational Officer and consequential order dated 06.12.2024 by the District Educational Officer, and direction to approve the appointment of Sr.V.Karophin Mary as BT Assistant (History) w.e.f. 01.06.2018 with all attendant benefits including arrears of salary.

Filing Reason

The management's proposal for appointment was rejected solely on the ground that the appointee had not passed the Teachers Eligibility Test (TET) examination.

Previous Decisions

The third respondent Chief Educational Officer and the fourth respondent District Educational Officer rejected the appointment approval.

Issues

Whether passing the Teachers Eligibility Test (TET) is mandatory for appointment as a teacher in an aided minority institution.

Submissions/Arguments

Petitioner: Argued that the management is an aided minority institution, and therefore passing TET is not mandatory for being appointed as a teacher. Respondents: Contended that unless the teacher passes the TET examination, the appointment order of the management cannot be approved by the authorities.

Judgment Excerpts

A perusal of the impugned order dated Nil.12.2024 reveals that the proposal forwarded by the management has been rejected on the sole ground that the appointee has not passed Teachers Eligibility Test (TET) examination. According to the learned Counsel for the writ petitioner, the petitioner management is an aided minority institution and therefore, pass in TET is not mandatory for being appointed as teacher in the said institution. However, the learned Additional Government Pleader appearing for the respondents herein has stated that unless the teacher passes TET examination, the appointment order of the management cannot be approved by the authorities.

Procedural History

The petitioner management filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court challenging the orders of the educational authorities rejecting approval of a teacher appointment. The court heard arguments from both sides.

Acts & Sections

  • Constitution of India: Article 226
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