Madras High Court
Hindu Middle School vs ) The Secretary To Government on 21 December, 2018
Author: C.Saravanan
Bench: C.Saravanan
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.12.2018
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.(MD) No.12947 of 2013
and
M.P.(MD) No.2 of 2013
Hindu Middle School,
Kudankulam – 627 106
Radhapuram Range,
Tirunelveli District,
Represented by its Secretary ... Petitioner
Vs.
1) The Secretary to Government,
School Education Department,
Fort St.George,
Chennai.
2) The Director of Elementary Education,
College Road, DPI Campus, Chennai.
3) The District Elementary Educational Officer,
Tirunelveli.
4) The Assistant Elementary Educational Officer,
Radhapuram, Tirunelveli District. ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of
India to issue a Writ of Certiorarified Mandamus calling for the
records relating to the impugned order of the 2nd respondent in
Na.Ka.No.37718/F2/2011 dated 12.04.2012 and consequential
http://www.judis.nic.inorders of the 4th respondent in Na.Ka.No.2105/A1/2012 dated
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10.12.2012 and quash the same and consequently direct the
respondents 3 and 4 herein to approve the appointment of
Mrs.S.Thurga Parameswari as Secondary Grade Teacher in the
petitioners school w.e.f. 26.11.2012 with all attendant benefits
including the arrears of salary and allowance.
For Petitioner : Mr.T.Pon Ramkumar
For Respondents : Mr.S.Srimathy,
Special Government Pleader
ORDER
The petitioner has come forward with this writ petition seeking for a Writ of Certiorarified Mandamus to quash the impugned order of the 2nd respondent in Na.Ka.No.37718/F2/2011 dated 12.04.2012 and the consequential order of the 4th respondent in Na.Ka.No.2105/A1/2012 dated 10.12.2012 and for a direction to respondents 3 and 4 herein to approve the appointment of Mrs.S.Thurga Parameswari as Secondary Grade Teacher in the petitioners school w.e.f. 26.11.2012 with all attendant benefits including the arrears of salary and allowance.
2.It is averred that the petitioner appointed one Mrs.S.Thurga Parameswari as a Secondary Grade Teacher w.e.f 26.11.2012 with the condition that she will write and clear Teachers http://www.judis.nic.in Eligibility Test within a period of 5 years. As the said teacher did 3 not clear TET, the 4th respondent did not approve the appointment vide impugned order dated 10.12.2012.
3. The issue is no longer res integra in the light of the decision of the Division Bench of this Court reported in CDJ 2017 MHC 962 in the matter of the State of Tamil Nadu Rep., by its Secretary, School Education Department vs., R.Arivazhagan and another. Further, the Right of Children to Free and Compulsory Education Amendment Act, 2017 has amended section 23(2) of the Right of the Children to Free and Compulsory Education, 2009, has been amended whereby the following proviso has been inserted to section 23(2):-
“Provided further that every teacher appointed or in position as on the 31st March, 2015, who does not possess minimum qualifications as laid down under sub-section(1), shall acquire such minimum qualifications within a period of four years from the date of commencement of the Right of Children to Free and Compulsory Education (Amendment) Act, 2017”.
http://www.judis.nic.in 4
4. The Amendment Act came to effect on 1st April 2015. Consequently, Mrs.S.Thurga Parameswari has few months till 31.03.2019 to qualify herself for the Teachers Eligibility Test(TET) Examination.
5. In view of the above facts and circumstances, the impugned orders are quashed. The respondents are therefore directed to approve the appointment of Mrs.S.Thurga Parmeswari as a secondary grade teacher with effect from 26.11.2012 and release the salary for aforesaid period till 31.03.2019, if she is in employment. This shall be be done within a period of four weeks from the date of receipt of a copy of this order. It is made clear that the approval period shall be valid only upto 31.03.2019, unless the said teacher has either qualified in TET, during the pendency of the present writ petition or if, the period for qualifying in the TET has been extended by the Government by a G.O. Accordingly, Writ Petition is disposed of. No costs. Consequently, connected M.P.(MD) No.2 of 2013 is closed.
21.12.2018 Index : Yes / No Internet :Yes / No sts/jen http://www.judis.nic.in 5 To
1) The Secretary to Government, School Education Department, Fort St.George, Chennai.
2) The Director of Elementary Education, College Road, DPI Campus, Chennai.
3) The District Elementary Educational Officer, Tirunelveli.
4) The Assistant Elementary Educational Officer, Radhapuram, Tirunelveli District. http://www.judis.nic.in 6 C.SARAVANAN. J., sts/jen Order made in W.P.(MD) No.12947 of 2013 21.12.2018 http://www.judis.nic.in