Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MRS. JUSTICE J.NISHA BANU, S.SRIMATHY
State of Tamil Nadu – Appellant
Versus
K.Bashiri – Respondent
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 3rd respondent and consequently, to direct the 3rd respondent to approve forthwith the petitioner's promotion as B.T. Assistant (Tamil) in the 5th 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 13.06.2
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.
TET qualification is not mandatory for teachers in minority institutions, as established by consistent judicial interpretation.
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.
The eligibility criteria for appointment as an Officiating/Incharge Principal of an Intermediate College recognized and governed under the Intermediate Education Act, 1921.
The central legal point established in the judgment is the binding nature of qualifications prescribed by the NCTE and the illegality of State Government amendments in contravention of statutory prov....
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
