Allowed

The Correspondent v. The State of Tamilnadu

Madras HC24 Oct 2024WA(MD)/2147/2024

Case brief

AI extract

What is this about?

The Appellant challenged an order dismissing its writ petition regarding the rejection of a teacher's appointment in a minority school due to lack of TET qualification. The Court held TET is not an essential qualification for minority institutions, allowing the appeal and directing approval of the appointment.

What did the court decide?

Appointment approved; teacher entitled to salary and service benefits.

The Correspondent Vs The State of Tamilnadu — Labour and Industrial Disputes | Madras HC (2024)

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W.A.(MD).No.2147 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 24.10.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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W.A.(MD).No.2147 of 2024 and C.M.P.(MD)No.15135 of 2024

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The Correspondent, St.Anne's Higher Secondary School, Rajakrishnapuram – 627 114, Tiruenveli District.

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... Appellant

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-vs-

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1.The State of Tamil Nadu, Rep. by its Secretary, Department of School Education, Fort St. George, Chennai – 600 009.

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2.The Director of School Education, College Road, Chennai – 600 006.

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3.The Chief Educational Officer, Tirunelveli, Tirunelveli District.

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4.The District Educational Officer, Cheranmahadevi – 627 001, Tirunelveli District. ... Respondents

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https://www.mhc.tn.gov.in/judis ______________

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Page 1 of 4

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W.A.(MD).No.2147 of 2024

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PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, against the order passed by this Court in W.P.(MD)No.8071 of 2016, dated 20.04.2023.

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For Appellant : Mr.K.Ragatheesh Kumar For Respondents : Mr.S.P.Maharajan Special Government Pleader

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JUDGMENT

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[Judgment of the Court was made by R.SUBRAMANIAN, J.]

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Mr.S.P.Maharajan, learned Special Government Pleader takes notice for the respondents.

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2.The Writ Petition, challenging the order of rejection of claim of approval of appointment of one E.Jessi Vimala Rani in the appellant School by the 4^th respondent was subject matter of challenge in the Writ Petition. The learned Single Judge held that since the Teacher does not have Teacher Eligibility Test qualification, the authorities were justified in rejecting approval. Pursuant to the interim order passed in the Writ Petition, the salary was released. The Writ Petition came to be dismissed on the conclusion that even for appointments in minority institution, the candidate must possess Teacher Eligibility Test qualification. This conclusion of the learned Single Judge is against several pronouncements of the Hon'ble Division Benches of this Court.

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https://www.mhc.tn.gov.in/judis ______________

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_____________ Page 2 of 4_

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W.A.(MD).No.2147 of 2024

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3.We had in W.A.(MD)No.1228 of 2022, reiterated the said position that the Teacher Eligibility Test is not an essential qualification for teaching staff in minority institution.

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4.In view of the same, the Writ Appeal is allowed. Orders of the writ court and the District Educational Officer dated 26.01.2016, will stand set aside. There will be a direction to the respondents to approve the appointment of the Teacher within a period of 12 weeks from the date of receipt of copy of the order. It is made clear that the Teacher is entitled to salary along with all service benefits including increments. No Costs. Consequently, connected miscellaneous petition is closed.

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[R.S.M., J.] [L.V.G., J.] 24.10.2024

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NCC :Yes/No Index :Yes/No Internet: Yes Mrn To 1.The Secretary, Department of School Education, Fort St. George, Chennai – 600 009. 2.The Director of School Education, College Road, Chennai – 600 006. 3.The Chief Educational Officer, Tirunelveli, Tirunelveli District.

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4.The District Educational Officer, Cheranmahadevi – 627 001, Tirunelveli District.

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https://www.mhc.tn.gov.in/judis _____________ Page 3 of 4_

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W.A.(MD).No.2147 of 2024

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R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.

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Mrn

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W.A.(MD).No.2147 of 2024

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24.10.2024

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https://www.mhc.tn.gov.in/judis _____________ Page 4 of 4_

The Correspondent v. The State of Tamilnadu

Case brief

What is this about?

What did the court decide?

The Correspondent v. The State of Tamilnadu

Case brief

What is this about?

What did the court decide?

What the court decided

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