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2018 Supreme(Mad) 4017

K.K.SASIDHARAN, P.D.AUDIKESAVALU
P. Savarimuthu Maria George – Appellant
Versus
District Elementary Educational Officer, Virudhunagar District – Respondent


Advocates Appeared:
For the Appellant : S. Manikandan
For the Respondents: S. Srimathy

JUDGMENT :

P.D. Audikesavalu, J.

The Appellant, who has completed diploma in Teacher Education, was appointed as Secondary Grade Teacher in the school of the Third Respondent, which is an aided minority institution, by order dated 30.10.2010 in a sanctioned vacancy.

2. The Government of Tamil Nadu issued G.O. Ms. No. 181, School Education (C2) Department dated 15.11.2011, in pursuance of Section 23(1) of the Right of Children to Free and Compulsory Education Act, 2009, that the teaches who passed the Teacher Eligibility Test were alone made eligible to become teacher. It is also stated therein that in view of the specific provisions of that enactment, those who do not possess the qualification of pass in Teacher Eligibility Test at the time of its commencement on 01.04.2010, would have to acquire that minimum qualification within a period of 5 years. When the appointment of the Appellant by the school of the Third Respondent was sent to the First Respondent for approval for the purpose of receiving aid, the First Respondent by proceedings in O. Mu. No. 924/A1/2012 dated 27.09.2013 held that since the Appellant did not possess the requirement of pass in Teacher Eligibility Test, her ap















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