Back
M. S. RAMESH, A. D. MARIA CLETE
District Educational Officer, (Elementary Education) – Appellant
Versus
S. Jayanthi Nirmala Rani – Respondent
JUDGMENT :
M.S.RAMESH, J.
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order passed in W.P.(MD)No.19213 of 2024 dated 20.08.2024 and to allow this Writ Appeal.
Challenge is made to the order of the learned Single Judge dated 20.08.2024 in W.P.(MD)No.19213 of 2024.
2.One S.Jayanthi Nirmala Rani, was appointed as Secondary Grade Teacher (Tamil) in the respondent School on 01.03.2013. The Teacher was possessing all qualifications, except Teachers Eligibility Test (TET).
3.The respondent School, being an aided minority educational institution, can appoint a Teacher without TET qualification as per the law declared by this Court in more than one decision. Therefore, once the appointment is approved, the Teacher would be entitled to get salary and other perquisites, including periodical increments.
4.However, the appellant Department though had approved the appointment of the Teacher concerned and released the salary every month, has not allowed the Teacher to claim regular increment. Therefore, in order to redress the said grievance, the School had approached the Writ Court by filing the said Writ Petition, which was allowed by the learned Single Judge
TET qualification is not mandatory for teachers in minority institutions, as established by consistent judicial interpretation.
The court established that incorrect grounds for rejection of teacher appointments cannot be upheld, especially in light of existing legal precedents regarding TET qualifications for minority schools....
The court ruled that TET qualification is mandatory for promotions in educational institutions, including minority schools, affirming the government's authority to prescribe such qualifications.
The court established that TET qualification cannot be retrospectively insisted for teachers in minority aided institutions, based on settled legal principles and precedents.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
