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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
Sr. S. Arul Ananda Rosi & Others - Appellant
Versus
The Government of Tamil Nadu, Represented by its Additional Chief Secretary, The Department of School Education (C2), Chennai & Others - Respondent
W.P. Nos. 5439, 5440, 5441 & 5442 of 2017 & W.M.P. Nos. 5760, 5761, 5762, 5763, 5764, 5765, 5766, 5767, 5768, 5769, 5770 & 5771 of 2017
Decided On : 27-09-2022
RIGHT TO EDUCATION ACT, 2009 - TEACHERS ELIGIBILITY TEST (TET) - MINORITY INSTITUTIONS - APPOINTMENT OF TEACHERS - QUALIFICATION - G.O.(MS).NO.181, SCHOOL EDUCATION (C2) DEPARTMENT, DATED 15.11.2011 - APPLICABILITY - VALIDITY - RIGHT TO ADMINISTER EDUCATIONAL INSTITUTIONS - REASONABLE RESTRICTIONS - ARTICLE 30(1) OF THE CONSTITUTION OF INDIA - INTERPRETATION - UNIFORMITY IN EDUCATIONAL STANDARDS - NATIONAL INTEREST - PUBLIC INTEREST - RIGHT TO EDUCATION - ARTICLE 21A OF THE CONSTITUTION OF INDIA - TEACHERS ELIGIBILITY TEST (TET) - MANDATORY QUALIFICATION - NCTE REGULATIONS - APPLICABILITY TO MINORITY INSTITUTIONS - EXEMPTION - SCOPE - CONDITIONS - JUDICIAL REVIEW - WRIT JURISDICTION - SCOPE - INTERFERENCE WITH ADMINISTRATIVE ACTION - GROUNDS - JUDICIAL REVIEW - SCOPE - INTERFERENCE WITH ADMINISTRATIVE ACTION - GROUNDS - WRIT JURISDICTION - SCOPE - INTERFERENCE WITH ADMINISTRATIVE ACTION - GROUNDS.
Fact of the Case:
The petitioners, who were appointed as B.T. Assistants in a minority-aided school, challenged the Government Order (G.O.) requiring teachers to pass the Teachers Eligibility Test (TET) for approval of their appointment. They contended that TET was not required for minority institutions as they were exempted from passing the TET.
Finding of the Court:
The Court held that the G.O. requiring teachers to pass the TET was valid and applicable to minority institutions. It held that the right to administer educational institutions under Article 30(1) of the Constitution of India was subject to reasonable restrictions in the interest of maintaining uniformity in educational standards and national interest. The Court further held that the TET was a mandatory qualification for teachers as per the regulations issued by the National Council for Teachers Education (NCTE) and that there was no exemption for minority institutions.
Issues: 1. Whether the G.O. requiring teachers to pass the TET was valid and applicable to minority institutions? 2. Whether the TET was a mandatory qualification for teachers as per the regulations issued by the NCTE? 3. Whether there was an exemption for minority institutions from passing the TET?
Ratio Decidendi: 1. The right to administer educational institutions under Article 30(1) of the Constitution of India is subject to reasonable restrictions in the interest of maintaining uniformity in educational standards and national interest. 2. The TET is a mandatory qualification for teachers as per the regulations issued by the NCTE. 3. There is no exemption for minority institutions from passing the TET.
Final Decision: The Court dismissed the petitions and upheld the validity of the G.O. requiring teachers to pass the TET.
JUDGMENT
(Prayers in W.P.No.5439 of 2017: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned G.O.(Ms).No.181, School Education (C2) Department, dated 15.11.2011, on the file of the first respondent and the consequential proceedings dated 16.11.2016 in A.Di.Mu.No.3142/AA2/16 on the file of the fourth respondent and quash the same in respect of the petitioner based on the Division Bench orders dated 24.08.2016 and made in W.A.No.213 of 2016 and made in W.A.(MD).No.1019 of 2013 dated 24.11.2016, directing the respondents to approve the appointment of the petitioner Sr.S.Arul Anandha Rosi, working as B.T.Assistant (Tamil) in St.Theresa's Girls' Higher Secondary School, Tharangambadi – 609 313, Nagapattinam District, w.e.f. 02.06.2016, with all service benefits.
W.P.No.5440 of 2017: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned G.O.(Ms).No.181, School Education (C2) Department, dated 15.11.2011, on the file of the first respondent and the consequential proceedings dated 16.11.2016 in A.Di.Mu.No.3141/AA2/16 on the file of the fourth respondent and quash the same in respect of the petitioner based on the Division Bench orders dated 24.08.2016 and made in W.A.No.213 of 2016 and made in W.A.(MD).No.1019 of 2013 dated 24.11.2016, directing the respondents to approve the appointment of the petitioner Sr.P.Margret, working as B.T.Assistant (Science) in St.Theresa's Girls' Higher Secondary School, Tharangambadi – 609 313, Nagapattinam District, w.e.f. 26.08.2016, with all service benefits.
W.P.No.5441 of 2017: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned G.O.(Ms).No.181, School Education (C2) Department, dated 15.11.2011, on the file of the first respondent and the consequential proceedings dated 01.11.2016 in A.Di.Mu.No.2069/A2/2016 on the file of the fourth respondent and quash the same in respect of the petitioner based on the Division Bench orders dated 24.08.2016 and made in W.A.No.213 of 2016 and made in W.A.(MD).No.1019 of 2013 dated 24.11.2016, directing the respondents to approve the appointment of the petitioner Sr.I.Fathima, working as Secondary Grade in St.Johns Primary School, Tharangambadi – 609 313, Nagapattinam District, w.e.f. 02.06.2016, with all service benefits.
W.P.No.5442 of 2017: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned G.O.(Ms).No.181, School Education (C2) Department, dated 15.11.2011, on the file of the first respondent and the consequential proceedings dated 16.11.2016 in A.Di.Mu.No.3140/AA2/2016 on the file of the fourth respondent and quash the same in respect of the petitioner based on the Division Bench orders dated 24.08.2016 and made in W.A.No.213 of 2016 and made in W.A.(MD).No.1019 of 2013 dated 24.11.2016, directing the respondents to approve the appointment of the petitioner Mrs.A.Saropin Vinola, working as B.T.Assistant (Science) in St.Theresa's Girls' Higher Secondary School, Tharangambadi – 609 313, Nagapattinam District, w.e.f. 26.08.2016, with all service benefits.)
Common Order:
The relief sought for in these writ petitions is to quash the impugned G.O.(Ms).No.181, School Education (C2) Department, dated 15.11.2011 of the first respondent and the consequential proceedings of the fourth respondent in respect of the petitioners, based on the order passed by the Hon'ble Division Bench of this Court on 24.08.2016 in W.A.No.213 of 2016 and on 24.11.2016 in W.A.(MD).No.1019 of 2013, directing the respondents to approve the appointment of the petitioner with all service benefits.
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