The Director of School Education, Vs St. Johns Girls Higher Secondary School — Madras HC (2026) — LawSathi Research

The Director of School Education, Vs St. Johns Girls Higher Secondary School — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

None to the appellants; writ appeal disposed of with no costs and connected miscellaneous petition closed, the learned Single Judge's remand directions remaining operative subject to decisions pursuant thereto abiding by the outcome of the pending Supreme Court reference on the applicability of the RTE Act to minority institutions.

Issue for consideration

Whether Sr.G.Stella Mary, appointed as BT Assistant (Tamil), is eligible for annual increment notwithstanding that she had not cleared the T.E.T. +1 more

Ratio / Principle

Any decision taken pursuant to the order dated 23.11.2020 in W.P.(MD)No.19339 of 2020 will abide by the outcome of the reference pending before the Hon'ble Supreme Court on the applicability of the RTE Act to minority institutions.

Key takeaways

On that footing, the writ appeal is disposed of accordingly, with no costs, and the connected miscellaneous petition is closed; the Single Judge's remand order is not disturbed.ratio¶29

Detailed headnote1 paragraphs

W.A.(MD)No.560 of 2021, Madurai Bench of Madras High Court, decided 29.01.2026; Coram: G.R.SWAMINATHAN, J. (author) and R.KALAIMATHI, J. The Director of School Education (Higher Secondary), the Chief Educational Officer, Sivagangai, and the District Educational Officer, Devakottai, appealed under Clause XV of Letters Patent against the learned Single Judge's order dated 23.12.2020 in W.P.(MD).No.19339 of 2020, whereby their rejection (ref. A.Thi.Mu.No.2834/Aa3/2020 dated 05.11.2020) of annual increment to Sr.G.Stella Mary, BT Assistant (Tamil), for want of T.E.T. clearance was set aside and the matter remanded for fresh consideration in light of W.A(MD) Nos.791 and 794 to 796 of 2020 dated 09.09.2020, with directions to reconsider the school's proposal dated 18.08.2020 and provide the increment within four weeks. The Division Bench noted that the applicability of the RTE Act to minority institutions is the subject of a reference pending before the Larger Bench of the Hon'ble Supreme Court, held that any decision taken pursuant to the Single Judge's order will abide by that reference's outcome, and disposed of the writ appeal accordingly with no costs, closing the connected miscellaneous petition C.M.P.(MD)No.2587 of 2021.

W.A.(MD)No.560 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 29.01.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

W.A.(MD)No.560 of 2021 and

C.M.P.(MD)No.2587 of 2021

1.The Director of School Education, (Higher Secondary), Chennai - 6.

2.The Chief Educational Officer, Sivagangai, Sivagangai District.

3.The District Educational Officer, Devakottai, Sivagangai District.

... Appellants

Vs.

St.John's Girls Higher Secondary School, Rep. by its Correspondent, Velimuthu Vilakku, Arul Nagar, Devakottai - 630 302, Sivagangai District. ... Respondent

Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow the writ appeal by setting aside the order passed in W.P.(MD).No.19339 of 2020 dated 23.12.2020 on the file of this Court.

1/6

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

For Appellants : Mr.T.Amjadkhan, Government Advocate. For Respondent : No appearance

W.A.(MD)No.560 of 2021

JUDGMENT (By G.R.SWAMINATHAN, J.)

The department has filed this writ appeal challenging the order dated 23.12.2020 made in W.P.(MD)No.19339 of 2020 filed by the respondent.

2.The case involves granting annual increment to one Sr.G.Stella Mary. The department took the stand that since the appointee had not cleared T.E.T., she is not eligible for annual increment. The said rejection was set aside by the learned Single Judge in the following terms:-

“ 8.In view of the above, this Writ Petition is allowed and the impugned order passed by the third respondent in A.Thi.Mu.No.2834/Aa3/2020 dated 05.11.2020 is set aside and the matter is remanded back to the third respondent for fresh consideration in the light of the order passed by this Court W.A(MD) Nos.791 and 794 to 796 of 2020, dated 09.09.2020. The

2/6

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

W.A.(MD)No.560 of 2021

petitioner is directed to file all the documents before the third respondent within a period two weeks from the date of receipt of a copy of this order and on receipt of the same, the third respondent shall reconsider the proposal sent by the petitioner School dated18.08.2020 and to provide the annual increment to Sr.G.Stella Mary, BT Assistant (Tamil), within a period of four weeks thereafter. No costs. Consequently, connected miscellaneous petitions are closed.”

3.It is not in dispute that the applicability of RTE Act to minority

institutions is the subject matter of reference before the Larger Bench in the Hon'ble Supreme Court. It is needless to mention that any decision taken pursuant to the order dated 23.11.2020 in W.P.(MD)No.19339 of 2020 will abide by the outcome of the reference pending before the Hon'ble Supreme Court.

4.This writ appeal is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.S. J.,) & (R.K.M. J.,) 29.01.2026

NCC : Yes/No Index : Yes / No Internet : Yes/ No ias

3/6

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

W.A.(MD)No.560 of 2021

To:

1.The Director of School Education, (Higher Secondary), Chennai - 6.

2.The Chief Educational Officer, Sivagangai, Sivagangai District.

3.The District Educational Officer, Devakottai, Sivagangai District.

4/6

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

W.A.(MD)No.560 of 2021

5/6

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

W.A.(MD)No.560 of 2021

G.R.SWAMINATHAN, J. and R.KALAIMATHI, J.

ias

W.A.(MD)No.560 of 2021

29.01.2026

6/6

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