Writ petition challenging mandatory requirement of Teachers Eligibility Test for appeal against previous order allowing appointment without TET for already initiated recruitment.
Writ petition dismissed; no appointment directed without TET.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.03.2017
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
W.P.(MD).No.1749 of 2014
P.Latha ...Petitioner
1.The State of Tamil Nadu, Rep.by its Secretary to Government, School Education Department, St.George Fort, Chennai-9. 2.The Director, Department of School Education, DPI Compound, Chennai. 3.The Chairman, Tamil Nadu Teachers Recruitment Board, E.V.K. Sampath Maligai, DPI Compound, Chennai. 4.The District Employment Officer, Madurai District, Madurai. ...Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents herein to appoint the petitioner as Secondary grade teacher in pursuant to the call letter issued by the 3rd respondent in his proceedings in Memo No.5015/M4/2008 dated 14.05.2009 without reference to the Teacher Eligibility Test (TET) in conformity with the decision rendered by the Division Bench of this Honourable Court vide it's order dated 09.07.2013 made in Rev. Application No.139 of 2012 & W.A.No.2121 of 2012 with in the period that may be stipulated by this Honourable Court.
For Petitioner :Mr.R.Maheswaran
https://hcservices.ecourts.gov.in/hcservices/ For Respondents :Mr.N.S.Karthikeyan, Additional Government Pleader ***
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O R D E R
This Writ Petition has been filed by the petitioner for issuance of a Writ of Mandamus directing the respondents herein to appoint the petitioner as Secondary grade teacher pursuant to the call letter issued by the 3rd respondent in his proceedings dated 14.05.2009.
2.Heard, the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents.
4.The learned Additional Government Pleader submits that the petitioner's case is solely based on the judgment of the Honourable Division Bench of this Court dated 09.07.2013, in Review Application No.139 of 2012, and Writ Appeal No.2121 of 2012. The learned Additional Government Pleader would submit that as against the judgement of the Honourable Division Bench of this Court, the Government took the matter in appeal before the Honourable Supreme Court. The Honourable Supreme Court has remitted the matter back to this Court again and the Honourable Division Bench of this Court vide judgement dated 03.11.2015 has categorically held that merely because the recruitment process commenced prior to 23.08.2010, a person is not entitled to get appointment as teacher, unless she was qualified in Teachers Eligibility Test. Hence, following the Judgement of the Honourable Division Bench of this Court, this court is of the view that the petitioner is not entitled to get any relief in the Writ Petition.
5.In the result the Writ petition is dismissed. No costs.
Sd/Assistant Registrar(CO) /True Copy/
Sub-Assistant Registrar
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To
1.The Secretary, Tamil Nadu Government, School Education Department, St.George Fort, Chennai-9. 2.The Director, Department of School Education, DPI Compound, Chennai. 3.The Chairman, Tamil Nadu Teachers Recruitment Board, E.V.K. Sampath Maligai, DPI Compound, Chennai.
4.The District Employment Officer, Madurai District, Madurai. Cmr/gsp
MAS/SV-MMS/SAR3:19.04.2017:3P-5C
W.P.(MD).No.1749 of 2014 23.03.2017
1 issue framed by the court
Whether a teacher appointed pursuant to a call letter issued before the NCTE notification for TET is entitled to appointment without undergoing the Teachers Eligibility Test?
P. Latha
The State of Tamil Nadu, Rep.by its Secretary to Government, School Education Department
The Director, Department of School Education
The Chairman, Tamil Nadu Teachers Recruitment Board
The District Employment Officer, Madurai District
S.S. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
