Madras High Court
M.D. Aided Primary School vs The Government Of Tamil Nadu on 24 March, 2025
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
W.P.No.29408 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.03.2025
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.29408 of 2023
and
W.M.P.No.29042 of 2023
M.D. Aided Primary School,
Thellur, Vellore,
Vellore District – 632105,
Rep. by its Correspondent
Mr. M. Andrew Annamalai. ... Petitioner
Vs.
1. The Government of Tamil Nadu,
Rep. by its Secretary,
School Education Department,
Fort. St. George,
Chennai – 600 009.
2. The Director of Elementary Education,
College Road,
Chennai – 600 006.
3. The District Educational Officer,
District Collectorate Office,
Sathuvachari, Vellore,
Vellore District – 632 009.
4. The Block Educational Officer,
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W.P.No.29408 of 2023
Vellore Rural Block,
Office at Thorappadi Post,
Vellore District – 632 002. ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the 3rd respondent to approve the
appointment of J. Alice Precilla as a Secondary Grade Teacher in the
petitioner school with salary and all other attendant benefits from
04.02.2022 as per the proposal submitted through the 4th respondent in
Na.Ka.No.045/A2/2022 dated 28.02.2022 which was re-submitted on
06.02.2023.
For Petitioner : Mr.K.Sathish Kumar
For Respondents : Mr.E.Prabhakaran
Government Advocate
ORDER
This Writ Petition has been filed seeking a direction to the 3rd respondent to approve the appointment of J. Alice Precilla as a Secondary Grade Teacher in the petitioner school with salary and all other attendant benefits from 04.02.2022 as per the proposal submitted through the 4th respondent in Na.Ka.No.045/A2/2022 dated 28.02.2022 which was re- submitted on 06.02.2023.
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2. The case of the petitioner is that, one Secondary Grade Teacher post became vacant due to the promotion of one of the teachers, namely G.Jesse Rani. The school was sanctioned with two posts i.e. one Headmaster and one Secondary Grade Teacher. The management appointed one J.Alice Precilla as a Secondary Grade Teacher in the vacancy that arose out of promotion on 01.02.2022 and she joined in the said post on the forenoon of 04.02.2022. The said teacher J.Alice Precilla passed SSLC in 2001, HSC in 2003, Diploma in Teacher Education in 2005 from the Department of Government Examination, Chennai – 600
006. A proposal for approval of the appointment of J.Alice Precilla from 04.02.2022 as Secondary Grade Teacher was sent to the 3rd respondent through the 4th respondent on 04.02.2022. The 4th respondent vide his proceedings dated 28.02.2022 in Na.Ka.No.45/A2/2022 forwarded the said proposal of the management for approval, specifically stating that, the said teacher was appointed in the vacant Secondary Grade Teacher post and the school being a minority school getting a pass in TET does not arise. The said proposal submitted was returned by the 3rd respondent vide his proceedings dated 31.03.2022 stating that, the vacant post shall be filled up by deployment of the surplus staff working in the corporate management of the petitioner school or in other management schools and 3/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 03:39:22 pm ) W.P.No.29408 of 2023 no fresh appointment shall be made as per the order of the High Court dated 09.04.2009. The Educational agency of the petitioner school has already obtained interim stay against the validity of Rule 32 of the Tamil Nadu Private School Regulations Rules 2023 which deals with deployment of the teachers from non minority schools to minority schools. Also, in a batch of Writ Petition in W.P.(MD) Nos. 6340 of 2018 etc. batch dated 02.09.2022, this Court, following the earlier decisions of this Court and other judgments, directed the authorities to approve the proposals which are pending and pass approval orders subject to the outcome of the final decision in SLP(C) Nos.15702 of 2021 and 12693 of 2022 pending before the Hon'ble Supreme Court. Thus, the petitioner school is entitled to get approval of the appointment of J. Alica Precilla as Secondary Grade Teacher from 04.02.2022 with salary and other benefits. However, no approval has been granted till date. Hence, the present writ petition has been filed.
3. The 3rd respondent has filed a counter affidavit, wherein it is stated that, the minimum qualification of TET i.e. Teacher Eligibility Test is mandatory according to the Right of Children to Free and Compulsory 4/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 03:39:22 pm ) W.P.No.29408 of 2023 Education Act, 2009 (RTE Act 2009). However, it has been held in several judgments that, TET is not applicable to minority institutions, as it has been held in Paramathi Educational & Cultural Trust and others Vs. Union of India reported in 2014 (4) MLJ 486 (SC) case that, RTE Act is not applicable to minority institutions. However, in Paramathi case, the reference is made to see the validity of clause (5) of Article 15 of the Constitution inserted by the Constitution (Ninety-third Amendment) Act, 2005 with effect from 01.04.2010. The issue was that whether the inserting clause (5) in Article 15 and 21 A is applicable to minority institutions. This amendment read with RTE Act, 2009 has directed the school to admit 25% children belonging to weaker sections and disadvantaged groups in the neighbourhood and whether such direction shall be given to minority institutions. The Hon'ble Court has held that, such directions cannot be issued since they alters the basic structure of the constitution. The Hon'ble Supreme Court has not considered the issue of whether the TET is applicable for minority institutions. In such circumstances, the Hon'ble Court ought to have held that, TET is applicable to minority institutions. Under RTE Act, there is no specific section for exemption from TET for minority institutions. Hence, the Learned Government Advocate appearing for the respondents submits 5/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 03:39:22 pm ) W.P.No.29408 of 2023 that, this Writ Petition is devoid of merit and is liable to be dismissed.
4. The correspondent of the petitioner school has filed a reply affidavit, wherein it is stated that, the Hon'ble Division Bench of this Court in Government of Tamil Nadu vs S. Jeyalakshmi reported in [2016 (5) CTC 639] (DB)(Mad) held that, TET pass is not required for appointment of teachers in Minority Institutions. The Hon'ble Division Bench followed the judgment of the Hon'ble Supreme Court in Pramati Educational and Cultural Trust & Ors. vs Union of India reported in 2014 (8) SCC 1, wherein it is clearly held that, provisions of the Right to Education Act, 2009 will not be applicable to minority institutions and in Paragraph 59 of the Division Bench Judgment of this Court, declaration was made. Hence, the contention of the 3rd respondent that, RTE Act is applicable to minority institutions is legally unsustainable in law. It is further stated that, the same view was reiterated by the Hon'ble Supreme Court in Society for Unaided Private School of Rajasthan vs Union of India reported in 2012 (6) SCC 1. Hence, the TET exam which is conducted as per the RTE Act 2009 and Rules 2011 is not applicable to the petitioner institution as it is a minority school within the meaning of Article 30(1) of the Constitution of India. Again, recently the Hon'ble 6/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 03:39:22 pm ) W.P.No.29408 of 2023 Division Bench of this Court in judgment dated 02.06.2023 in W.A.No's 313 of 2022 etc. batch in the matter of The Director of School Education and 2 others vs M.Velayutham and another held in Paragraph 71.1 that, TET is inapplicable to minority institutions by following the dictum made by the Hon'ble Supreme Court in Pramati Educational and Cultural Trust Case. Hence, the Learned Counsel appearing for the petitioner prays to allow this writ petition, by issuing a direction to the 3rd respondent to approve the appointment of J. Alice Precilla as a Secondary Grade Teacher in the petitioner school as per the proposal submitted by the petitioner.
5. Heard both sides and perused the materials available on record.
6. The issue involved in the present writ petition is squarely covered by the Judgment of the Hon'ble Division Bench of this Court in W.A.No's 313 of 2022 etc. batch, dated 02.06.2023. The Hon'ble Division Bench, following the dictum made by the Hon'ble Supreme Court in Pramati Educational and Cultural Trust & Ors. vs Union of India reported in [2014 (8) SCC 1], has categorically held that, TET is not 7/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 03:39:22 pm ) W.P.No.29408 of 2023 applicable to teachers appointed in minority schools. The relevant portions are extracted hereunder :-
“71.1. A perusal of the orders impugned in the writ petitions leading to these writ appeals would indicate that the fact that the teachers, in respect of whom approval of appointment was sought for by the school, did not possess TET pass eligibility was not a ground for refusal for grant of appointment approval, nor was it an issued raised before the Learned Single Judge at the time of disposal of the writ petitions. Only in the writ appeals, the State Government has raised an additional ground that the teachers whose appointment approval was sought for, did not possess TET. Notwithstanding the same, it is hereby clarified that by virtue of the judgment of the Constitution Bench of the Hon’ble Supreme Court in Pramati Educational and Cultural Trust & Ors. v. Union of India, [(2014) 8 SCC 1], wherein it was held that the RTE Act, 2009 insofar as it applies to minority schools, aided or unaided, covered under Article 30(1) is ultravires the Constitution, meaning thereby that the 2009 Act will not apply to minority schools, the eligibility of TET pass as required for appointment of teachers in non-minority schools, will not apply to minority schools. In other words, the approval of appointment of teachers in minority schools, both aided and unaided, 8/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/05/2025 03:39:22 pm ) W.P.No.29408 of 2023 cannot be refused or rejected on the ground that they do not possess a pass in TET. Further this specific issue is also pending consideration before the Supreme Court and the law laid down by the Supreme Court in Pramati Educational and Cultural Trust, cited supra, holds the field as on today. For these reasons, the order of the Learned Judge in the writ petitions is affirmed and the above four writ appeals are dismissed.”
7. The above reasoning given by this Court will squarely apply to the facts of this case also. Hence, this Court is inclined to remit the matter back to the file of the 3rd respondent to accord approval for the appointment of J. Alice Precilla.
8. Accordingly, the matter is remitted back to the file of the 3rd respondent and the 3rd respondent is directed to accord approval for the appointment of J. Alice Precilla, if she is otherwise eligible. It is made clear that, the 3rd respondent should not once again put against the petitioner the TET eligibility for according approval. This process shall be completed within a period of six weeks from the date of receipt of a copy of this order.
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9. With the above directions, this Writ Petition stands allowed. Consequently, connected miscellaneous petition is closed. No costs.
24.03.2025 raja Index : yes/no Internet : yes/no To
1. The Secretary, School Education Department, Fort. St. George, Chennai – 600 009.
2. The Director of Elementary Education, College Road, Chennai – 600 006.
3. The District Educational Officer, District Collectorate Office, Sathuvachari, Vellore, Vellore District – 632 009.
4. The Block Educational Officer, Vellore Rural Block, Office at Thorappadi Post, Vellore District – 632 002.
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