The Tamil Nadu State and Subordinate Services Rules, specifically Rule 12A, do not apply to teachers in private aided schools, and compliance with the Tamil Language Test is not a prerequisite for appointment validity.

ORDER

1. This Writ Petition has been filed, under the Article 226 of the Constitution of India , to issue a Writ of Certiorari and Mandamus, to call for the records, relating to the order of the 3^rd Respondent in RC.No.6183/A/2018, dated 09.11.2018 and to quash the same, as illegal and consequently, to direct the Respondents/Education Authorities to approve the Petitioner's appointment as B.T.Assistant in the 5^th Respondent School for the period from 15.06.2011 to 24.05.2015, with all service and monetary attendant benefits.

2. The facts of the case, as set out in the affidavit filed in support of this Writ Petition, in a nutshell, led to filing of this Writ Petition and necessary for disposal of same, are as follows:-

(a)The Petitioner was appointed as a Probationary Teacher in the 5th Respondent School, a recognized religious minority Institution, on 15.06.2011. The Petitioner's mother tongue and first Language in the School is Malayalam. The Respondents/Education Authorities insisted the Petitioner to pass the Tamil Language Test, citing the Fundamental Rules , applicable to the Tamil Nadu Government Servants. However, these Fundamental Rules apply only to the Government Servants, recruited through the TNPSC and not to the Teachers in the private aided Schools. Teachers, in such Institutions, are governed by the Tamil Nadu Private Schools Regulation Act and the Rules framed thereunder and the Grant-in-Aid Code. However, the Petitioner, without prejudice, passed the Tamil Language Test on 25.05.2015.

(b)The Language Test in Tamil is only a compliance requirement to be completed after joining. However, the approval for the Petitioner's appointment was granted only on 31.03.2017, with effect from 25.05.2015. A subsequent proposal was sent to approve the period of employment from 15.06.2011 to 24.05.2015, but the 3rd Respondent rejected it, vide order, dated 09.11.2018 on the ground that as per the Fundamental Rules , which state that passing the Tamil Language Test is mandatory for those whose mother tongue is not Tamil and that since the Petitioner, whose mother tongue is Malayalam, passed the Tamil Language Test only in the year 2015, the approval for the earlier period could not be granted. However, passing the Tamil Language Test is not a requirement under the Tamil Nadu Private Schools Regulation Act or its Rules. Since the Petitioner has passed the Tamil Language Test, which is not a condition precedent for the validity of her appointment, but only a post-appointment compliance, primarily for Government servants, denying approval for the earlier period is unjustified.

(c)Aggrieved by the order, dated 09.11.2018, the Petitioner filed WP.No.12194 of 2019 before the Principal Seat of this Court, and after filing of the counter in the said Writ Petition, the Petitioner was permitted to withdraw the said Writ Petition, for want of jurisdiction, with a liberty to file a fresh Writ Petition before the appropriate Bench. In such circumstances, this Writ Petition has been filed, seeking the relief, as stated above.

3. In the counter affidavit, filed by the Respondents 1 to 4, it is averred as under:-

(a)The 3^rd Respondent , by the proceedings, dated 31.03.2017 granted approval for the appointment of the Petitioner as a BT Assistant with effect from 25.05.2015, on which date the Petitioner passed the Tamil Language Test. The request of the 5^th Respondent School to grant approval for period from 15.06.2011 to 24.05.2015 was rejected by the impugned order, dated 09.11.2018, on the ground that as per the Fundamental Rule 12A, if a candidate is selected and appointed on or after 09.02.1996, he should pass the Second Class Language Test in Tamil conducted by the TNPSC or pass the Language Test in Tamil, referred under the Rule 12-B (i) and (ii). The WP.No.12194 of 2019, filed by the Petitioner, challenging the same, was permitted to be withdrawn for want of jurisdiction.

(b)The Government of Tamil Nadu has taken several initiatives to