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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
| Table of Content |
|---|
| 1. overview of the writ appeal and initial context. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding tet qualifications for minority institutions. (Para 6 , 7) |
| 3. exposition of rte act provisions and their implications. (Para 8 , 9 , 10 , 11 , 12) |
| 4. discussion on constitutional amendments and their effects. (Para 13 , 14) |
| 5. constitutional validity findings related to minority education rights. (Para 15 , 16 , 18 , 19 , 20 , 21) |
| 6. significance of section 23 of the rte act vis-a-vis teacher qualifications. (Para 22 , 23 , 24 , 25 , 26) |
| 7. impact of tet qualifications on educational institutions. (Para 27 , 28 , 29) |
| 8. examination of the legality of tet qualification requirements. (Para 30 , 31 , 32 , 33 , 34) |
| 9. conclusion on governmental authority regarding teacher qualifications. (Para 35) |
| 10. final ruling on the writ appeal. (Para 36) |
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 t
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 appointments in minority institutions and surplus post status at a later stage cannot be used to reject approval.
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