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Showing contexts for: rte case in The State Of Tamil Nadu vs K.Bashiri on 2 April, 2025Matching Fragments
272. Since the issue was sub judice before the Hon'ble Apex Court, the appellants stated that the writ petitioner is not entitled to claim the monetary benefits. However, the writ petitioner submitted that following Pramati’s case several judgements were rendered by Courts and had consistently held TET is not necessary for minority institution. Especially the judgment dated 02.06.2023 rendered in W.A.No.313 of 2022 in the case of Director of School Education and Others Vs. M. Velayutham and Another, has held that as per judgment in Pramati’s case, the RTE Act, 2009 is not applicable to minority institution. When TET which is prescribed under RTE Act, 2009, then TET is not applicable to minority institution. In order to consider the rival submissions, it is necessary to https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 05:56:53 pm ) refer to relevant provisions and the aforesaid judgments.
“(a) For the purpose of fixing the students-teacher ratio, the provisions https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 05:56:53 pm ) of RTE, Act followed by the G.O. passed in this regard shall be taken the basis and the student pupil ratio shall be either 1:30 of 1:25 as the case may be as per the provisions of RTE, Act.” The Government has passed G.O.Ms.No.231 School Education Department, dated 11.08.2010 following RTE Act, 2009. Therefore, it is further evident that for staff fixation the State shall follow the RTE Act, 2009 and the same is applicable for minority institutions also. In such circumstances, the other provisions of the RTE Act, 2009 is applicable for all the schools. Hence this Court is of the considered opinion that the argument that the entire RTE Act, 2009 is not applicable to minority institutions and hence TET prescribed under RTE Act, 2009 is absolutely incorrect.
26. When the Constitutional Bench in Pramati’s case had specifically dealt with Article 15(5) and Article 21A read with sections 12(1)(b), 12(1)(c) and sections 2(n)(iii) and 2(n)(iv) of RTE Act, 2009, wherein it speaks of 25% reservation for the weaker section and downtrodden children and when the Constitutional Bench in Pramati’s case had never dealt with section 23 of RTE Act, 2009, wherein the said section prescribe qualifications for teachers to be appointed in Secondary Grade Teacher and B.T. Assistant, then it is absolutely https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 05:56:53 pm ) incorrect to say that in Pramati’s case it has been held that “TET is not applicable to minority institution”.
32. In fact, the State Government had preferred SLP in Civil Appeal No. 1384 of 2025 and eight appeals batch regarding the issue of applicability of TET in minority institutions, but unfortunately the said appeals were withdrawn and the same was dismissed as withdrawn. Now the question that arises whether the withdrawal of the appeals by the State would lead a conclusion that the TET is not necessary to minority institutions, then the answer is a big “No”. Since the validity of RTE Act, 2009 is upheld in Society for Unaided Private Schools of Rajasthan Vs. Union of India and Another reported in (2012) 6 SCC 102 by a Three-Judges Bench of Hon’ble Supreme Court except Sections 12(1)(c) and Section 18(3) of the RTE Act, 2009 which infringes the fundamental rights guaranteed to unaided minority. In Pramati’s case the Constitutional Bench had concurred with the order passed in 2012 6 SCC 102 as far as unaided minority and further held 12(1)(b) and 12(1)(c) of RTE Act, 2009 infringes the fundamental rights of aided minority institutions. When both the judgments is not dealing with Section 23 of RTE Act, 2009 under which the TET is prescribed as qualifications coupled with the fact that the TMA Pai Foundation case had upheld that the educational qualifications shall be prescribed for aided minority https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/04/2025 05:56:53 pm ) institutions, then the withdrawal of the case by State will not lead to a conclusion that the TET is not applicable to minority institutions.