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2019 Supreme(Mad) 164

K.K.SASIDHARAN, P.D.AUDIKESAVALU
Secretary to Government, Education Department, State of Tamil Nadu – Appellant
Versus
M. A. Stepher Sundar Singh – Respondent


Advocates Appeared:
For the Petitioners: Mrs. S. Srimathy, Special Government Pleader.
For the Respondents: Mr. T.A. Ebenezer.

JUDGMENT :

P.D. AUDIKESAVALU, J.

1. This intra-court appeal arises out of the order dated 28.04.2018 in W.P. (MD) No. 10196 of 2018 passed by the Learned Judge of this Court. The parties are hereinafter referred to as per their description in the Writ Petition for the sake of convenience.

2. The Petitioner, who has completed Diploma in Teacher Education, was appointed as Secondary Grade Teacher in the School of the Fifth Respondent, which is an aided minority institution, by order dated 30.06.2012 in a sanctioned vacancy. 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 teachers 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 five years. When the appointment of the Petitioner by the school of the Fifth Respondent w










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