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2. Challenge in W.P.No.19587 of 2022 is to the impugned proceedings of the second respondent dated 11.07.2022 in Na.Ka.No.35593/C2/E2/2022 dated 11.07.2022 insofar as the said proceedings has postponed the promotion counselling scheduled to be held on 14.07.2022 and 15.07.2022 for the post of BT Assistants from the post of Secondary Grade Teachers, pursuant to the proceedings of the second respondent in Na.Ka.No.35593/C2/E2/2022 dated 30.06.2022 and to quash the same and for a consequential direction to the second respondent to instruct all the respective Chief Educational Officers to conduct promotion counselling for the petitioners for the post of BT Assistants in High Schools from the post of Secondary Grade Teachers within a time frame.

5. The case of the petitioners, briefly narrated and as averred in the writ petition, are as follows:

5.1. The petitioners are directly appointed between the years 1991-

2002 as Secondary Grade Teachers and Special Teachers coming under the Tamil Nadu Educational Subordinate Service in various High Schools and Higher Secondary Schools based on Employment Exchange seniority by the School Education Department and they have been working as Secondary Grade Teachers for the last 20 to 25 years without any single promotion. They are eligible to be promoted as BT Assistants and most of the petitioners are to retire only as BT Assistants, despite their long service in the School Education Department.

24. Pursuant to the Central Act, State Rules, as well as the notification issued by NCTE, the State Government had issued G.O.(Ms.)No.181 School Education (C2) Department dated 15.11.2011, whereby it has been mentioned in the Paragraph 3 as follows:

“3. The said section clearly specifies that teachers who at the commencement of this Act, do not possess minimum qualifications as prescribed by the academic authority authorized by the Central Government shall acquire such minimum qualifications within a period of 5 years. Hence, the “Teacher Eligibility Test (TET)” would have to be conducted for recruiting teachers for the primary and upper primary classes. The teachers working in unaided private schools are required to pass teacher Eligibility Test within 5 years. In the State of Tamilnadu, Secondary Grade teachers (those teaching classes I to V) are required to have minimum qualifications of D.T.Ed. and graduate Assistants (BT Assistant) (those teaching classes Vito VIII) are required to have minimum qualifications of B.Ed. they should also pass Teacher Eligibility Test forthwith.” Further in Paragraph7 of the said Government Order, it has been stated that, “I. In respect of Secondary Grade Teachers, the https://www.mhc.tn.gov.in/judis W.P.Nos.17895 and 19587 of 2022 statewide seniority in Employment Exchange Registration will continue to be followed till the disposal of the SLP filed in the Supreme Court of India.

https://www.mhc.tn.gov.in/judis W.P.Nos.17895 and 19587 of 2022

45. In the light of the above narration and taking note of the factual background, the legal provisions spelling out the intention of the legislature, the effect of the subordinate legislation pursuant thereto, the inescapable conclusion would be that every teacher whether Secondary Grade or B.T. Assistant, whether appointed by direct recruitment or promotion in the case of BT Assistant, whether initially appointed prior to the RTE Act, NCTE amended notifications or appointed thereafter, must necessarily possess/acquire the eligibility of a pass in TET. The only allowance to those appointed prior to the RTE Act 2009 is that they have been given five years initially and another four years from 01.04.2015 to acquire the eligibility of pass in TET. Therefore, the claim that Secondary Grade Teachers appointed prior to the commencement of the Act and notifications will now be eligible for promotion to the post of BT Assistant without passing TET, cannot be countenanced in the light of the above analysis. https://www.mhc.tn.gov.in/judis W.P.Nos.17895 and 19587 of 2022