The requirement of passing TET applies solely to direct recruitment, not to promotions, allowing those appointed before key notifications to continue in service without it.

JUDGMENT

(Prayer: WA No. 313 of 2022:- Writ Appeal filed Clause 15 of Letters Patent against the order dated 29.07.2021 passed in WP No. 23999 of 2019 on the file of this Court.

WA No. 833 of 2022:- Writ Appeal filed Clause 15 of Letters Patent against the order dated 29.07.2021 passed in WP No. 24003 of 2019 on the file of this Court.

WA No. 1891 of 2022:- Writ Appeal filed Clause 15 of Letters Patent against the order dated 22.10.2021 passed in WP No. 22221 of 2021 on the file of this Court.

WA No. 2050 of 2022:-Writ Appeal filed Clause 15 of Letters Patent against the order dated 29.09.2021 passed in WP No. 20911 of 2021 on the file of this Court.

WA No. 2082 of 2022:- Writ Appeal filed Clause 15 of Letters Patent against the order dated 29.09.2021 passed in WP No. 20913 of 2021 on the file of this Court.

WA No. 2617 of 2022:- Writ Appeal filed Clause 15 of Letters Patent against the order dated 28.04.2022 passed in WP No. 35487 of 2022 on the file of this Court.

WA No. 2795 of 2022:- Writ Appeal filed Clause 15 of Letters Patent against the order dated 20.10.2022 passed in WP No. 19587 of 2019 on the file of this Court.

WA No. 19 of 2023:- Writ Appeal filed Clause 15 of Letters Patent against the order dated 22.10.2021 passed in WP No. 22545 of 2021 on the file of this Court.

WA No. 31 of 2023:- Writ Appeal filed Clause 15 of Letters Patent against the order dated 22.10.2021 passed in WP No. 22550 of 2021 on the file of this Court.

WA No. 32 of 2023:- Writ Appeal filed Clause 15 of Letters Patent against the order dated 22.10.2021 passed in WP No. 22554 of 2021 on the file of this Court.

WA No. 36 of 2023:- Writ Appeal filed Clause 15 of Letters Patent against the order dated 22.10.2021 passed in WP No. 22556 of 2021 on the file of this Court.

Writ Petition No. 3364 of 2023:- Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Declaration declaring that the Special Rules for the Tamil Nadu School Educational Subordinate Service issued in G.O. Ms. No.13, School Education (S.E3(1) Department dated 30.01.2020 insofar as it prescribes -a pass in Teacher Eligibility Test (TET)“ only for direct recruitment for the post of B.T. Assistant and not for promotion thereto in Annexure-1 (referred to in Rule 6) is illegal being ultravires the Right of Children to Free and Compulsory Education Act, 2009 and the Rules framed thereunder and the NCTE notification dated 23.08.2010 and 29.07.2011.

Writ Petition No. 3368 of 2023:- Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Declaration declaring that the Special Rules for the Tamil Nadu School Educational Subordinate Service issued in G.O. Ms. No.13, School Education (S.E3(1) Department dated 30.01.2020 insofar as it prescribes -a pass in Teacher Eligibility Test (TET)“ only for direct recruitment for the post of B.T. Assistant and not for promotion thereto in Annexure-1 (referred to in Rule 6) is illegal being ultravires the Right of Children to Free and Compulsory Education Act, 2009 and the Rules framed thereunder and the NCTE notification dated 23.08.2010 and 29.07.2011.

Common Judgment:

R. Mahadevan, J.

I. INTRODUCTION, FACTUAL BACKGROUND AND PLEADINGS

1. The key issues that arise for determination in these batch of writ appeals and writ petitions are:

(i) whether passing of the Teacher Eligibility Test (TET) is mandatory for promotion to the post of B.T. Assistant/Graduate Teacher, from the cadre of Secondary Grade Teacher (already in service).

(ii) whether non-possession/non-acquisition of a pass in TET by a teacher appointed prior to 29.07.2011 would affect his/her continuance in service and drawal of increment, without seeking for further promotion to the post of BT Assistant/Graduate Teacher.

2. By a notification dated 23.08.2010 issued in exercise of powers conferred under sub-section (1) of Section 23 of the Right of Children to Free and Compulsory Education Act, 2009 (Act