JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of mandamus forbearing the respondents from compelling the petitioner to acquire a pass in Teacher Eligibility Test (TET) for continuance in the post of Secondary Grade Teacher at Kammavar Ramanujar Middle School, Chinnapuliyampatti, Aruppukkottai, Virudhunagar District 626 101, by taking note of the appointment on 10.11.2010 prior to issuance of G.O. Ms. No.181, School Education, dated 15.11.2011.)

M. DHANDAPANI, J.

1. G.O. Ms. No.181, School Education dated 15.11.2011, which mandates acquiring of certificate in the Teacher Eligibility Test (for short ‘TET’) as a mandatory requirement for the purpose of continuance in the post of Secondary Grade Teacher, in consequence of the notification of NCTE dated 23.8.2010 pursuant to the Right of Children to Free and Compulsory Education Act, 2009 (for short ‘the Act’), the petitioner has filed the present petition for a direction to the respondents not to compel the petitioner to acquire the said certificate as the same cannot be said to be mandatory insofar as teachers, who have been in service prior to the enactment of the Act.

2. When the matter was listed for hearing on 14.9.2022 before one of us, viz., G.R.Swaminathan, J., finding divergence in view with the orders passed by the coordinate Benches of this Court, with regard to the acquiring of certificate in TET for the purpose of appointment/continuance as teacher in elementary school, observed as under :-

“2. When the matter was taken up for hearing, the learned Additional Government Pleader appearing for the respondents 1 to 3 submitted that the writ petition may have to be dismissed in view of the order dated 07.04.2022 made in W.P.No.28284 of 2021 etc., batch. A learned Judge had framed the following issue:-

8. The point for consideration is whether the petitioners/teachers, who did not possess the minimum qualification of pass in TET as per RTE Act, 2009, prior to the date of commencement of RTE Act, 2009, are entitled to annual increments and to continue in service as Teachers? After discussing the proviso to Section 23(2) of the RTE Act, the learned Judge concluded as follows:-

“20. The fact remains that despite lapse of many years ie., almost twelve years after the enactment of RTE Act, 2009, the said statutory provision has not been complied with, the petitioners and teachers are allowed to continue in service without possessing the minimum eligibility condition of pass in TET, as per Section 23 of the RTE Act, 2009 and also as per the RTE (Amendment Act), 2017. It is mandatory for the teachers, who did not possess the minimum qualification of pass in TET prior to RTE Act, 2009 to acquire the same within the period of nine years ie., within 31.03.2019. Thus, the teachers, who do not possess the minimum qualification of pass in TET are not entitled to continue their service in the schools/educational institutions. Therefore, the issue is answered as against the writ petitioners.”

3. It is true that this Judgment is squarely against the writ petitioner. But the learned counsel appearing for the writ petitioner submitted two contra decisions by two other Hon''ble Judges of this Court supporting his stand. Vide order dated 23.09.2019 in W.P. (MD)Nos.8168 & 8169 of 2017, a learned Judge had held as follows:-

“6. The issue whether a person who was appointed as B.T.Assistant prior to the issuance of G.O.Ms.No.181, can be compelled to acquire a pass in TET Examination, is no longer res integra. The amended notification issued by the NCTE makes it very clear that the qualification of TET is mandatory only from 29.07.2011. The Division Bench of this Court, in a batch of writ petitions, has considered these issues and held that the respondents cannot compel the teachers similarly place like petitioners to pass in TET examination.”

Another H