The court ruled that TET qualification is mandatory for teachers in minority institutions, affirming the applicability of statutory requirements over minority status.

(Judgment of the Court was delivered by S.SRIMATHY, J.

This Writ Appeal is filed by the respondents in the writ petition challenging the order dated 16.10.2024 passed in W.P.(MD)No.21959 of 2024.

2. The writ petition was filed for issuance of a Writ of Certiorarified Mandamus, to quash the order, dated 29.08.2024, passed by the 3^rd respondent and further, to direct the 3^rd respondent to approve the appointment of Mrs.V. Anbuchelvi in the post of B.T. Assistant (English) within stipulated time.

3. The writ petitioner school had appointed Mrs.V.Anbuchelvi on14.08.2024 as B.T. Assistant (English) in the resultant promotion vacancy. The process of selection was carried out after calling for application through advertisement, conducted interview and the said candidate was selected on merits. The writ petitioner school was a private aided linguistic 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 school had submitted the proposal on 14.08.2024, but the same was returned vide the proceedings dated 29.08.2024, since the candidate is not possessing TET qualification. Aggrieved over the same, the writ petition was filed.

4. Before the Writ Court, the petitioner school contended that the school is a linguistic minority institution, hence, TET is not applicable to the petitioner school. The writ petitioner school 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 Constitutional Bench of the Hon'ble Supreme Court in the case of Pramati Educational and Cultural Trust and Others Vs. Union of India reported in (2014) 8 SCC 1 . Following the aforesaid judgments, the Writ Court held that it is not mandatory to possess TET qualification for teachers working in a minority institution, consequently the Writ Court allowed the writ petition and directed to approve the appointment and grant salary. Aggrieved over the same, the present writ appeal is filed by the State.

5. The contention of the appellants are that the proposal was returned since the candidate was not possessing TET qualification. Further stated that the issue is pending before Hon’ble Supreme Court, hence the present writ appeal may be allowed.

6. On the other hand the contention of the petitioner school is that their school is a private aided linguistic minority institution 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.

7. After hearing the rival submissions in this issue, this Court proceeds to analyse the issue. In Pramati’s case, “whether TET is necessary for minority institution” was not the issue raised and was not dealt with by the Hon’ble Supreme Court at all. Therefore, the State had preferred SLP (C) No.2691 of 2022 and the same is pending. Further, stated that the judgment rendered in W.A.(MD)No.313 of 2022, dated 02.06.2023 is placing reliance on the judgment of Pramati’s case. But the said Pramati’s c