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2023 Supreme(Mad) 551

G. R. SWAMINATHAN, M. DHANDAPANI
P. Meenatchi – Appellant
Versus
State of Tamil Nadu Rep. by its Principal Secretary Chennai – Respondent


Advocates appeared:
For the Petitioner:R. Murugappan, Advocate. For the Respondents: R1 to R3, S. Saji Bino, Spl. GP, R4, V.R. Shanmuganathan, Std. Counsel.

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

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