Exemption from Teacher Eligibility Test under the Right of Children to Free and Compulsory Education Act, 2009, as applicable to Minority Educational Institutions.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceeding issued by the second respondent Block Education Officer in A.Thi.Mu.No.356/A1/2019, dated 11.06.2019, quash the same and further direct the respondents herein to approve forthwith the appointment of petitioner as Secondary Grade teacher in the third respondent School, namely St.Johns Primary School, Devakottai, w.e.f 01.04.2019 and disburse the grant-in-aid towards her salary and allowances w.e.f., the said date with all attendant benefits.)

1. The present Writ Petition has been filed to quash the impugned proceedings issued by the second respondent/Block Education Officer in A.Thi.Mu.No.356/A1/2019, dated 11.06.2019 and further to direct the respondents 1 and 2 to approve forthwith the appointment of the petitioner as Secondary Grade teacher in the third respondent School, namely St.Johns Primary School, Devakottai, with effect from 01.04.2019 and disburse the grant-in-aid towards her salary and allowances with effect from the said date with all attendant benefits.

2. The petitioner is working as a Secondary Grade Teacher in the third respondent School and the third respondent School is established and administered by the Roman Catholic Religious Congregation of Immaculate Conception. The third respondent School is a recognized Religious Minority in terms of Article 30(1) of the Constitution of India. It is a Minority School, wherein 182 students are currently studying, offering education from standards I to V. The said School receives grant-in-aid from the Government and the medium of instruction is Tamil. The School receives aid from the Government for one Headmistress and five Secondary Grade Teachers.

3. While so, one post of Secondary Grade Teacher fell vacant in the third respondent School on 01.04.2018 due to the retirement of then incumbent M.Sarpirasadhamary on 31.03.2019. In the said vacancy, the School appointed the petitioner as a Secondary Grade Teacher with effect from 01.04.2019. The petitioner joined duty on the same day and is continuing to work in the said School till date.

4. The third respondent School submitted a proposal to approve the appointment of the petitioner and disburse grant-in-aid towards the salary of the petitioner to the first respondent/District Educational Officer through the second respondent/Block Educational Officer on 03.05.2019. However, to the shock and surprise of the petitioner, the second respondent, without forwarding the proposal to the first respondent, returned the proposal vide impugned proceedings in A.Thi.Mu.No.356/A1/2019, dated 11.06.2019 stating to produce the certificate to the effect that there is no surplus of Secondary Grade Teacher under the same Management and further to produce the Teacher Eligibility pass certificate of the petitioner. Challenging the same, this Writ Petition came to be filed.

5. The learned counsel appearing for the petitioner vehemently contended that the petitioner is appointed in a regularly sanctioned vacancy that arose on account of the retirement of the previous incumbent, one M.Sarpirasadhamary and the petitioner is also fully qualified to be appointed as Secondary Grade Teacher. Though the third respondent School is one among the several recognized School under the Roman Catholic Congregation of Immaculate Conception, each School under the group of institutions has been assessed individually with regard to (a) recognition (b) granting aid and (c) number of students, fixation of staff strength etc. Hence, the assessment is made on every individual institution and the same is not based on a group.

6. The learned counsel appearing for the petitioner further submitted that in as much as the appointment of the petitioner is concerned, it is against a sanctioned regular vacancy which was available in terms of the staff fixation settled by the first responden