J.Angeline Vs The Prl. Secretary to Govt.

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for records relating to the impugned order passed by the 1^st respondent in G.O.(Ms).No.270 dated 03.12.2019 in so far as fixing the eligibility of B.E., B.Ed., qualified persons like the petitioner to handle classes from VI standard to VIII standard as per resolution No. 2.30 is concerned and quash the same and consequently direct the 1^st respondent to fix the eligibility of B.E., B.Ed., qualified persons like the petitioner as that of B.T.Assistant thereby permitting to handle classes upto X standard as per the Educational Service Rule of Jurisprudence beside directing the respondents 2 and 3 to approve the petitioner's post in the 4^th respondent school and disburse the salary and other benefits to her within a time frame as fixed by this Court.

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For Petitioner : Mr.B.Prahala Ravi For Respondents : Mr.S.Shaji Bino Special Government Pleader for R1 to R3 No appearance for R4

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

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W.P.(MD) No.8083 of 2020

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O R D E R

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This writ petition has been filed challenging the impugned Government Order in G.O.(Ms) No.270, Higher Education (J1) Department, dated 03.12.2019 fixing the eligibility of B.E., B.Ed., qualified persons, like that of the petitioner, to handle Classes only from 6^th Standard to 8^th Standard.

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2. The petitioner is holding B.E., B.Ed., qualification and is handling Classes upto 10^th Standard in the fourth respondent – School. As per the aforesaid Government Order, B.E., B.Ed., qualified persons are eligible to handle Classes only upto 8^th Standard. On the apprehension that the petitioner's services will be terminated, she has filed this writ petition challenging the aforesaid Government Order. The petitioner continues to handle Classes upto 10^th Standard till now by virtue of the interim order granted in this writ petition.

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3. Learned counsel for the petitioner, on instructions, would submit that the petitioner is now willing to handle Classes in the fourth

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

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W.P.(MD) No.8083 of 2020

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respondent – School only upto 8^th Standard and not teach the students for 9^th and 10^th Standards.

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4. Learned Special Government Pleader appearing for the respondents 1 to 3, on instructions, would submit that if the petitioner is going to handle the Classes in the fourth respondent – School only upto 8^th Standard, the respondents will not terminate the services of the petitioner.

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5. In view of the undertaking given by the petitioner through her counsel that she will be handling Classes only upto 8^th Standard and will not handle Classes for 9^th and 10^th Standards, which she has been handling till now, this writ petition is disposed of by issuing the following directions:

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(a) The petitioner shall handle Classes in the fourth respondent – School only upto 8^th Standard and shall not teach the students of higher classes.

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(b) If the petitioner teaches the students in the fourth respondent – School only upto 8^th Standard as per G.O.(Ms) No.270, Higher Education (J1) Department, dated 03.12.2019, issued by the first respondent, her

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

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W.P.(MD) No.8083 of 2020

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services shall not be terminated, on the ground that she had taught students upto 10^th Standard earlier.

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(c) No costs. Consequently, connected miscellaneous petitions are closed.

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01.09.2025