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2023 Supreme(Mad) 843
HIGH COURT OF JUDICATURE AT MADRAS
J. NISHA BANU, J.
L. Jecintha Mary - Appellant
Versus
The Union Territory of Puducherry Rep. by its Secretary Department of education, Secretariat Puducherry & Ors. - Respondents
W.P.Nos. 14478 to 14490 of 2013 & connected miscellaneous petitions
Decided On : 11-04-2023
For the Petitioners:Dr.Fr.A. Xavier Arulraj, Advocate. For the Respondents:R1 to R3, R. Syed Mustafa, Spl.G.P. (Pondy), R4, V. John Kennedy, Advocate.
The court established that TET qualification cannot be retrospectively insisted for teachers in minority aided institutions, based on settled legal principles and precedents.
Headnote:
Approval - Trained Graduate Teacher - Puducherry Education Act - G.O.Ms.No.86 dated 21.07.2006 - TET qualification - Minority Aided Institution - W.A.(MD).No.859 of 2019 - P.Savarimuthu Maria George Vs. The District Elementary Educational Officer, Virudhunagar District & others [2018 0 Supreme (Mad) 4017] - Paramati Educational & Cultural Trust Vs. Union of India [2014(8) SCC 1] - Teachers Eligibility Test
Fact of the Case:
The petitioners, appointed as Trained Graduate Teachers, sought approval from the date of their initial appointment, challenging the belated approval and withdrawal of Grant-in-Aid due to Teachers Eligibility Test (TET) qualification.
Finding of the Court:
The court accepted the petitioners' contention, citing precedents and settled legal principles, and directed the authorities to approve the appointment of the petitioners from the date of their initial appointment and to sanction the grant within eight weeks.
Issues: Belated approval, withdrawal of Grant-in-Aid, TET qualification, appointment in minority aided institution.
Ratio Decidendi: The court held that TET qualification cannot be insisted retrospectively for the period before the issuance of relevant government orders, especially for teachers in minority aided institutions.
Final Decision: The writ petitions were allowed, the impugned orders were set aside, and the authorities were directed to approve the appointment of the petitioners from the date of their initial appointment and to sanction the grant within eight weeks.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a writ of certiorarified mandamus calling for the records pertaining to the proceedings dated 15.02.2012 in No.14-1/DSE/GIAS/U.3/2012-13 on the file of the 3rd respondent and the consequential proceedings dated 25.03.2015 in No.23-I/DSE/GIAS/U,III/2013-2014 on the file of the 2nd respondent and quash the same, directing the respondents to accord approval from the date of appointment w.e.f.14.08.2006 to the petitioner, working as Trained Graduate Teacher (TGT) in Nirmala Ranee Girl’s Hr.SEc.School, 33, Nehru Street, Karaikal-609 602, regularizing her services in so far as petitioner concerned with all attendant benefits.)
Common Order:
The petitioners in the above writ petitions were appointed as Trained Graduate Teacher on 14.08.2006, 03.11.2008, 06.11.2006, 14.06.2010, 14.06.2010, 21.06.2010, 14.06.2010 and 04.01.2010 in the Nirmala Ranee Girl’s Hr.Sec. Schools, Karaikal; on 10.08.2007, 10.07.2008, 24.10.2009, 24.10.2009 in St.Antony’s Government Aided High School, Puducherry; on 14.08.2006 in St.Theresa’s Government Aided High School respectively. The 4th respondent school is the aided minority school, established and administered by the religious Congregation of St.Joseph of Cluny, which is a declared Minority Educational Agency.
2. The management has forwarded the proposal for approval to the 2nd respondent-Director of School Education on 21.08.2006.
3. It is averred in the writ petitions that in filling up of vacancies in respect of 189 upgraded posts and 266 newly created posts, proposal was asked to resubmitted by the 2nd respondent on or before 04.08.2010 and in accordance with the said direction, the 4th respondent. forwarded the proposal.
4. The 3rd respondent has communicated by Memorandum dated 15.05.2012 to the 2nd respondent that Grant-in-Aid has been released in respect of 10 teaching staff w.e.f. 29.03.2012 and not from the date of original appointment. There was a condition that the teachers shall pass Teachers Eligibility Test (TET) as stipulated by NCTE.
5. Again vide order dated 25.03.2013, the 2nd respondent withdrawn the release of Grants-in-Aid w.e.f. March 2013 stating that appointment of the petitioner(s) falls after the Notification of TET that is on 23.08.2010.
6. According to the petitioners, they were appointed in the year 2006 and just because the Government delayed granting approval, the original appointment and continuity of service cannot be nullified. On the other hand, NCTE was introduced only w.e.f. 23.08.2010.
7. Dr.Fr.A.Xavier Arulraj, learned counsel for the petitioners submitted that the petitioners appointment was in a regular and sanctioned post. Therefore, the order dated 29.03.2012 is not sustainable which holds that the appointment is dated 29.03.2012. The original appointment date i.e., in the year 2006 is the date for which approval was sought and the delayed approval is in violation of legal provisions and procedures.
8. The learned counsel would further submit that the impugned date of belated approval and the consequential order of withdrawal of grant-in-aid to the petitioners is in violation of principles of natural justice.
9. It is the submission of the learned counsel that TET eligibility is only a subsequent development and not a codition precedent to the appointment in the case of the petitioners.
10. The learned counsel would contend that the petitioners by way of representation dated 18.04.2013 to the 2nd respondent, sought to grant approval from the date of their initial appointment and also submitted their hardship that salary is not been paid to them after the impugned order and therefore, approached this court by way of present writ petitions.
11. Per contra, Mr.R.Syed Mustafa, learned Special Government Pleader (Pondy) appearing for respondents 1 to 3 would submit that the 4th respondent school is the Government Aided Private School functioning in the Union Territory of Puducherry
