Case Note & Summary
The case arose from a writ petition under Article 226 of the Constitution filed by the Correspondent of St. John's Girls Higher Secondary School, Kodaikanal, an aided minority institution. The petitioner challenged orders passed by the Chief Educational Officer and District Educational Officer rejecting the approval of the appointment of Sr.V.Karophin Mary as BT Assistant (History) with effect from 01.06.2018. The sole ground for rejection was that the appointee had not passed the Teachers Eligibility Test (TET). The petitioner contended that being a minority institution, passing TET is not mandatory. The state respondents argued that TET pass is essential for approval. The single judge noted that the issue was no longer res integra, relying on a Division Bench judgment of the same High Court in 2023-3-LW-112 (The Director of School Education Vs. M.Velayutham). That judgment held at paragraph 74(c) that a pass in TET examination is not mandatory for appointment in minority institutions. Consequently, the court set aside the impugned rejection orders and directed the third respondent to approve the appointment within twelve weeks from the date of receipt of the order copy, with no order as to costs. The connected miscellaneous petitions were closed.
Headnote
A) Service Law - Appointment of Teachers in Minority Institutions - TET Not Mandatory - Not mentioned - The third respondent rejected the proposal to approve appointment of Sr.V.Karophin Mary as BT Assistant (History) solely on the ground that she had not passed the Teachers Eligibility Test (TET). The High Court, following a Division Bench decision, held that pass in TET is not mandatory for appointment in minority institutions, set aside the impugned order, and directed approval within 12 weeks. Held that the rejection was unjustified as per established law (Paras 6-7).
Issue of Consideration
Whether passing the Teachers Eligibility Test (TET) is mandatory for appointment as a teacher in an aided minority institution?
Final Decision
The writ petition is allowed. Impugned orders set aside. Third respondent directed to approve the appointment of Sr.V.Karophin Mary as BT Assistant (History) within 12 weeks from receipt of order copy. No costs. Connected miscellaneous petitions closed.
Law Points
- Legal points not extracted
- Pass in Teachers Eligibility Test (TET) is not mandatory for appointment in minority institutions.
