Promotion to educational positions requires compliance with TET qualification post-appointment, significantly affecting eligibility criteria under the Tamil Nadu school regulations.

ORDER

Originally, the above writ petition has been filed seeking to issue a writ of mandamus, directing the 3rd respondent to promote the petitioner to the post of PG Assistant in English in the vacancy arising from 01.06.2016 on preferential basis as per the provisions of Tamil Nadu Recognized Private School (Regulation) Act and Rules, by considering her representation dated 29.04.2016 within a time frame to be fixed by this Court .

2. Thereafter, the prayer has been amended by order dated

10.04.2024 as follows:

Writ petition has been filed seeking to issue a writ of certiorarifed mandamus to call for the records relating to the impugned order issued by the 3rd respondent in Ref TLGHSS/255/2016 dated 23.05.2016 and to quash the same and consequently directing the 3rd respondent to promote the petitioner to the post of P.G. Assistant (English) in the vacancy arising from 01.06.2016 on preferential basis as per the provisions of Rule 15(4) (i) of Tamil Nadu Recognized Private Schools (Regulation) Rules, 1974 with consequential approval of appointment by the department, with all consequential and other attendant benefits.

3. It is the case of the petitioner that she had completed her B.A degree in English in the year 2003 and her B.Ed in the year 2008. Thereafter, in the year 2010, she had completed her M.A degree in English. On 24.08.2010, she was appointed as B.T. Assistant in the third respondent's School in a regular sanctioned post. The third respondent School is a Government aided School and governed by the provisions of the Tamil Nadu Recognized Private School (Regulation) Act, 1973 and its Rules 1974. Her appointment was approved by the Department on 28.03.2011 and the petitioner has been discharging her duty diligently and sincerely.

4. It is her case that she had become eligible for promotion to the post of PG Assistant as she was qualified with M.A English degree. It is her further case that in the Government Aided School, the posts of PG Assistant are filled up from amongst the qualified teachers in the school by promotion based on merit and seniority. The persons completing graduation and post graduation in the same subject or language are given preference as stipulated in Rule 15(6) of the Tamil Nadu Private Schools (Regulations)Rules 1974.

5. With effect from 01.06.2016, a vacancy was to arise for the post of PG Assistant in English. It is the contention of the petitioner that she alone is qualified for the said post. The fourth respondent had her graduation in B.Sc (Zoology) and had qualified with M.A.(English) as a cross major. The petitioner's affidavit proceeds on the basis that the fourth respondent was likely to be considered for promotion to the post of PG Assistant and that the third respondent was taking steps to promote her. Therefore, she has come forward with the above Writ Petition.

6. It is to be stated that though an amendment has been carried out, the affidavit does not contain the pleadings with reference to the same.

7. The third respondent had filed a counter inter-alia contending that the fourth respondent had been promoted prior to the passing of the interim order by this Court in W.M.P.No.16178 of 2016 on 26.05.2016. The third respondent would further submit that the secondary grade teachers and graduate teachers who were appointed from 23.08.2010 had to pass the Teachers Eligibility Test (TET). By order dated 15.02.2017 in W.M.P.No.17030 of 2016 in W.P.No.16178 of 2016, the fourth respondent has been allowed to function, of course, with the rider that the appointment would be subject to the outcome of the writ petition.

8. The third respondent would submit that the petitioner was on leave from 18.04.2019 to 27.06.2023 stating that she had suffered an accident. However, since the post occupied by her was a sanctioned post and a medical certificate had not been produced for the entire period of leave, the third respondent was unable to submit the pay proposal to the second respondent.

9. On 25.09.2023,