Appeal against an order dismissing a petition filed by a BT Assistant appointed without TET qualification. The court held that teachers appointed before the 2011 cutoff can continue without TET but are not eligible for promotion unless they acquire the qualification.
Set aside the single judge order dated 14.06.2021 and dismiss the writ petition.
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.
1 W.A.(MD)NO.667 OF 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MR.JUSTICE K.RAJASEKAR
W.A.(MD)No.667 of 2023 AND C.M.P.(MD)No.5978 of 2023
Vs.
... 1st Respondent / Writ petitioner
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2 W.A.(MD)NO.667 OF 2023
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 14.06.2021 passed in W.P.(MD)No.17519 of 2020 on the file of this Court and dismiss the writ petition.
For Appellant : Mr.C.Venkatesh Kumar, Special Government Pleader.
For R-1 : Mr.T.Pon Ramkumar
J U D G M E N T
(Order of the Court was delivered by G.R.SWAMINATHAN, J.)
Heard both sides.
(Mathematics) in the second respondent school on 18.02.2011. Admittedly, she was not possessing TET qualification. Hence, she filed W.P.(MD)No.17519 of 2020 to forbear the authorities from insisting that she must acquire TET qualification. The writ petition was disposed of in her favour vide order dated 14.06.2021. Questioning the same, the Department has filed this appeal.
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3 W.A.(MD)NO.667 OF 2023
The Hon'ble Division Bench of this Court order dated 22.11.2024 in
W.A.(MD)No.2190 of 2021 had held as follows:-
“4. The Hon'ble Division Bench vide order dated 02.06.2023 in W.A.No.313 of 2022 etc. batch had held that any teacher appointed as Secondary Grade Teacher or Graduate Teacher/ BT Assistant prior to 29.07.2011 shall continue in service and also receive increments and incentives, even if they do not possess TET. For getting promotion, they will have to necessarily possess TET. Failing which, they will not be eligible for promotion.”
to the cut of date. This writ appeal is disposed of on the same lines as that of W.A.No.313 of 2022 dated 02.06.2023. No costs. Consequently, connected miscellaneous petition is closed.
(G.R.SWAMINATHAN, J.) & (K.RAJASEKAR, J.) 11th June 2025
NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU
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4 W.A.(MD)NO.667 OF 2023
G.R.SWAMINATHAN,J.
AND K.RAJASEKAR, J.
PMU
W.A.(MD)No. 667 of 2023
11.06.2025
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2 issues framed by the court
Whether a BT Assistant appointed prior to 29.07.2011 without TET qualification can continue in service without obtaining TET.
Whether the discretion in W.P.(MD)No.17519 of 2020 to allow service without TET should be maintained or reversed in light of settled law.
Colour shows how this judgement treated each authority
W.A.No.313 of 2022Followed¶4
W.A.No.313 of 2022
W.P.(MD)No.17519 of 2020Reversed¶27
W.P.(MD)No.17519 of 2020
The Government of Tamil Nadu, Rep. by its Secretary to Government, School Education Department
V.Poongkodi
Gokhlae Aided Middle School, Rep. by its Secretary
G.R.Swaminathan
K.Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
