appointments. But till date, the proposals submitted by the fifth respondent school along with the recommendation made by the fourth respondent have not been considered by the third respondent, as a result the three teachers are not able to receive the salary and have been put to great hardship. Since the payment of salary to the petitioners is a sine qua non to enable them to lead a decent life, a direction be issued. The learned senior counsel also submitted that since there has been a recommendation made by the fourth respondent to the third respondent for according approval of the appointments of the petitioners and that the teachers working in the minority educational institutions are not required to pass the Teacher Eligibility Test has already been settled by the Apex Court in the case of Pramati Educational and Cultural Trust and others v. Union of India and others, (2014) 4 MLJ 486 (SC) holding that the Right of Children to Free and Compulsory Education Act, 2009 (for short, “the 2009 Act”) insofar as it applies to minority schools, aided or unaided, covered under clause (1) of Article 30 of the Constitution is ultra vires the Constitution and also by the Division Bench of this Court in Secretary to Government, Education Department, Chennai and others v. S.Jeyalakshmi and another, 2016 (7) MLJ 155 holding that the Government cannot insist upon the minority educational institutions, both aided and unaided, to abide by any regulation framed under the RTE Act, therefore, the G.O.Ms.No.181, School Education (C2) Department dated 15.11.2011 issued by the Government of Tamil Nadu is not applicable to the minority educational institutions. In fact, the relevant paragraphs of the Division Bench order read as follows:“59. Insofar as minority institutions are concerned, the contention of the learned senior counsel appearing for the minority Schools is that when Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 received the assent of the President of India and it is still in force, it cannot be supplanted by an Executive Order, namely by G.O.Ms.No.181 dated 15.11.2011. Further, the Apex Court has clearly held in Pramati Educational & Cultural Trust that RTE Act, 2009 is not applicable to the minority institutions. Therefore, we have no hesitation to hold that the right conferred under Article 30(1) of the Constitution cannot be abrogated. Consequently, G.O.Ms.No.181 dated 15.11.2011, which was issued pursuant to the directions of NCTE, cannot be made applicable to the minority institutions.
