Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(Mad) 596

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
P. Indira Gandhi & Others - Petitioners
Versus
The Principal Secretary/The State Project Director, Sarva Shiksha Abiyan(SSA), Chennai & Others - Respondents
W.P. Nos. 13306, 13314, 13318 & 13323 of 2019 & W.M.P. Nos. 13412, 13420, 13426 & 13430 of 2019
Decided On : 30-04-2019

Advocates Appeared:
For the Petitioners:K. Thilageswaran, Advocate
For the Respondents: C. Munusamy, Special Government Pleader

The judgment established the mandatory nature of Teacher Eligibility Test (TET) qualifications as mandated by the Right to Education Act, 2009 and emphasized the importance of implementing the National Education Policy.

Headnote:
Teacher Eligibility Test - Employment Termination - Right to Education Act 2009, Section 23; G.O.Ms.No.181, School Education Department dated 15.11.2011 - The court discussed the provisions of the Right of Children to Free and Compulsory Education Act, 2009 and G.O.Ms.No.181, School Education Department dated 15.11.2011, which mandated the Teacher Eligibility Test (TET) as a requisite qualification for teachers. The court emphasized the mandatory nature of TET qualifications and the importance of implementing the National Education Policy.
Fact of the Case:

The petitioners, teachers at a residential school, sought relief from termination due to not possessing the Tamil Nadu Teacher Eligibility Test. The government had mandated TET as a requisite qualification for teachers under the Right to Education Act, 2009.
Finding of the Court:

The court found that the petitioners were not exempt from passing the TET and emphasized the mandatory nature of TET qualifications. It directed the respondents to pay the salary for the period the teachers had already worked and to implement the minimum educational qualifications without violation.
Issues: The main issue was whether the petitioners could be terminated for not possessing the TET qualification, as mandated by the Right to Education Act, 2009 and G.O.Ms.No.181, School Education Department dated 15.11.2011.
Ratio Decidendi: The court held that the TET qualifications were mandatory and emphasized the importance of implementing the National Education Policy. It also highlighted the violation of Article 14 and 16 of the Constitution of India if exemptions were granted from acquiring the minimum educational qualifications.
Final Decision: The court rejected the relief sought by the petitioners, directed the payment of salary for the period worked, and instructed the respondents to issue show cause notices to unqualified teachers and take appropriate action in accordance with the provisions of the Statutes, Service Rules, Regulations, and Government orders.

ORDER :

W.P.No.13306 of 2019:The relief sought for in the writ petition is for a direction to forbear the Respondents from terminating the Petitioner from her service as Teacher from the 3rd Respondents School viz., Kasthurba Gandhi Baliga Vidhyala Residential School, Perungulathur for the reason of not possessing Tamil Nadu Teacher Eligibility Test.

1.1. W.P.Nos.13314, 13318 & 13323 of 2019: The relief sought for in the writ petitions is for a direction to forbear Respondents from terminating the Petitioners from their service as Teacher from the 3rd Respondents School viz., Kasthurba Gandhi Baliga Vidhyalaya Residential School, Perungulathur till the publication of result in Tamil Nadu Teacher Eligibility Test-2019.

2. W.P.No.13306/2019:The writ petitioner has completed her Master's Degree in M.Sc., Botany and B.Ed., Degree. She was appointed in the Post of B.T. Assistant(Botany) in Kasthurba Gandhi Baliga Vidyalaya Residential School, Perungulathur, Thiruvannamalai District on 05.08.2005 and working as such.

2.1. W.P.No.13314/2019:The writ petitioner has completed B.Sc.,(Mathematics) and B. Ed., Degree. She was appointed in the Post of B.T.Assistant(Mathematics) in Kasthurba Gandhi Baliga Vidyalaya Residential School, Perungulathur, Thiruvannamalai District on 08.02.2013 and working as such.

2.2. W.P.No.13318/2019:The writ petitioner has completed B.A.(Tamil) and B.Ed., Degree. She was appointed in the Post of B.T. Assistant(Tamil) in Kasthurba Gandhi Baliga Vidyalaya Residential School, Perungulathur, Thiruvannamalai District on 09.01.2012 and working as such.

2.3. W.P.No.13323/2019:The writ petitioner has completed B.A.(History) and B.Ed., Degree. She was appointed in the Post of B.T.Assistant(History) in Kasthurba Gandhi Baliga Vidyalaya Residential School, Perungulathur, Thiruvannamalai District on 01.01.2013 and working as such.

3. The 3rd respondent School is being run under the Sarva Shiksha Abiyan(SSA) scheme for which 75% of the expenses is borne by the Central Government and the remaining 25% is borne by the State Government. The Sarva Shiksha Abiyan(SSA) scheme was implemented all over the Country in India with the object of providing quality education to the children between 6 years to 14 years, without any distinction on gender. This Special scheme was implemented for the welfare of the female children between 10 years to 14 years, who are drop-out and not attending the School. The scheme is implemented in 14 Districts in Tamil Nadu and there are 61 residential schools of this nature under the Scheme.

4. The Government of Tamil Nadu under the provisions of the Right to Education Act, issued G.O.Ms.No.181, dated 15.11.2011, stating that Teacher Eligibility Test(TET) is a requisite qualification for a Teacher. The petitioners claim that at the time of their appointment, the Teacher Eligibility Test(TET) was not insisted upon and they were discharging their duties without any remarks.

5. On 14.09.2017, the 3rd respondent had given a paper advertisement in Tamil Daily and invited applications from the eligible candidates for Direct Recruitment to the Post of B.T.Assistant(Mathematics) and the writ petitioners were orally informed that they had not passed Teacher Eligibility Test(TET) and therefore, they would be terminated from service. Thus, the writ petitioners filed W.P.No.26056 of 2017 and this Court passed an order on 09.10.2017, directing the respondents not to take any adverse decision till 31.03.2019, the date on which, is fixed as cut-off date for possessing requisite qualification of Teacher Eligibility Test(TET) by the Teachers, who all are working in Schools. Accordingly, the writ petitioners are continuing in service. At the time of appointment of the writ petitioners, the qualification of Teacher Eligibility Test(TET) was not compulsory. The 2nd respondent had not conducted the Teacher Eligibility Test(TET) for about 2 ½ years and it was notified on 28.02.2019. The petitioners had applied for the Examination a

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