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.

JUDGMENT :

S.SRIMATHY, J.

The present writ appeal is filed by the respondents in the writ petition against the order dated 16.04.2024 passed in W.P.(MD)No.9299 of 2024.

2. The writ petition was filed for issuance of a writ of Certiorarified Mandamus, to quash the order, dated 01.02.2024, passed by the 3^rd respondent and consequently, to direct the 3^rd respondent to approve forthwith the petitioner's promotion as B.T. Assistant (Tamil) in the 5^th respondent school with effect from the date of promotion on 13.06.2022 with all attendant benefits including the arrears of salary and allowance and the retirement benefits including pension from the date of retirement, dated 30.04.2023.

3. The writ petitioner was appointed in the school namely, Al Ameen Urudu Tamil Muslim High School as a Secondary Grade Teacher in the promoted vacancy on 22.03.1996 in the scale of pay of Rs.1200-30-1560-40-2040. The said school was a private aided minority school governed by Tamil Nadu Recognized Private Schools (Regulation Act), 1974 and rules made thereunder and the Tamil Nadu Minority School (Recognition and Payments of Grant) Rules, 1977. The writ petitioner was promoted as BT Assistant (Tamil) on 13.06.2022. Thereafter, she attained superannuation on 30.04.2023.

4. The management, 2^nd respondent herein, has submitted the proposal through the District Educational Officer on 02.08.2023 requesting to approve the promotion of the writ petitioner. The appellants sought clarification and particulars. The school has resubmitted the proposal with clarification along with particulars. The Chief Educational Officer has returned the proposal, vide proceedings, dated 01.02.2024 directing to enclose the Teachers Eligibility Test Paper II (TET) certificate. The writ petitioner was not possessing the said certificate. However, the writ petitioner claimed that she is working in a private aided minority school and the Right of Children to Free and Compulsory Education Act, 2009, is not applicable to the minority schools and hence TET is not applicable to the minority schools.

5. The further contention of the writ petitioner is that the said Central Act is not applicable, since the State Government has issued G.O.(Ms)No.181, (School Education-C2), dated 15.11.2011 and has granted 5 years of time to complete the TET qualification. Further, it was made compulsory from the date of G.O.(Ms)No.181, (School Education-C2), dated 15.11.2011. In the meanwhile, the writ petitioner had attained superannuation and retired from service. Therefore, the said period for acquiring pass in Teachers Eligibility Test was available, hence the petitioner cannot be compelled to complete the Teachers Eligibility Test for the promotion of B.T. Assistant.

6. After considering the rival contentions, the Writ Court has relied on the judgment rendered in W.A.(MD)No.313 of 2022 and batch in the case of the Director of School Education and Others Vs. M. Velayutham and Another, dated 02.06.2023, wherein it is held that the TET qualification was not required for appointment of teachers in minority institutions. The Division Bench in turn had relied on the Constit