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2026 Supreme(Online)(Mad) 27745

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Ms. Justice P.T. ASHA
J.SHEEBA SELVA KUMARI – Appellant
Versus
THE DIRECTOR OF SCHOOL EDUCATION – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 12.03.2026 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 7065 of 2025 &

W.M.P.No. 7799 of 2025 J.Sheeba Selva Kumari ...Petitioner Vs.

1.The Director of School Education, DPI Campus, College Road, Chennai 600 006.

2.The Chief Educational Officer, Cuddalore, Cuddalore District.

3.The District Educational Officer (Secondary)

Cuddalore, Cuddalore District.

4.The Correspondent, Danish Mission Higher Secondary School, Nellikuppam, Cuddalore District. ...Respondents Prayer: Writ Petition is filed under Section 226 of the Constitution of India for issue of Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings issued by the 2nd respondent Chief Educational Officer in Na.Ka.No.10686/Aa2/2023 dated 06.05.2024 and further proceedings issued by the 3rd respondent District Educational Officer, in Na.Ka.No.4818/A2/2022 dated 16.10.2024 and to quash the same in so far as insisting TET qualification is concerned and consequently directing the respondents 2 and 3 to pass orders for granting approval of appointment of the petitioner in the sanctioned post of BT. Assistant (Tamil) in the 4th respondent school from the date of appointment with effect from 01.02.2021 with all consequential and other attendant benefits including payment of arrears of salary from the date of appointment.

For Petitioner : Mr. S.Nedunchezhiyan For Respondents : Mrs. Mythreye Chandru

1 to 3 Special Government Pleader

O R D E R

This writ petition is filed for the following relief:

“To call for the records relating to the impugned proceedings issued by the 2nd respondent Chief Educational Officer in Na.Ka.No.10686/Aa2/2023 dated 06.05.2024 and further proceedings issued by the 3rd respondent District Educational Officer, in Na.Ka.No.4818/A2/2022 dated 16.10.2024 and to quash the same in so far as insisting TET qualification is concerned and consequently directing the respondents 2 and 3 to pass orders for granting approval of appointment of the petitioner in the sanctioned post of BT. Assistant (Tamil) in the 4th respondent school from the date of appointment with effect from 01.02.2021 with all consequential and other attendant benefits including payment of arrears of salary from the date of appointment. ”

2. The petitioner was appointed as a B.T. Assistant (Tamil) in the

4th respondent School by orders of the 4th respondent dated 30.01.2021. Accordingly, the petitioner joined the service in the post of the B.T. Assistant (Tamil) on 01.02.2021. Thereafter, the 4th respondent school submitted a proposal on 01.08.2023, to the 2nd respondent through the 3rd respondent for approval of her appointment. The 2nd respondent returned the proposal stating that TET pass certificate not enclosed along with the proposal. Thereafter, the 3rd respondent passed an impugned order dated 16.10.2024

3. Challenging the rejection of approval for sanctioned post in the

4th respondent School, the petitioner is before this Court.

4. This Court in a similar case in WA.(MD).No.1716 of 2024 dated 26.09.2024, had observed as follows:

2.The order in the writ petition which is the subject matter of the appeal arose under the following circumstances: The petitioner which is an aided minority institution is under a corporate management. A vacancy arose in one of the schools due to the retirement of one M.G.Mary Isabell who was a B.T. Assistant (Tamil) and the post was upgraded automatically as B.T.Assistant in terms of G.O.Ms.No.79, School Education Department, dated 14.06.2022. In the upgraded vacancy, the corporate management transferred one Sr.Roselet Mary as a B.T.Assistant in English, by its order dated 01.06.2017 and she joined the school on 08.06.2017. When approval was sought for the said appointment that came to be rejected on the ground that there was a surplus teacher in the school from the years 2017-2018 to 2019-2020. This order was passed on 02.07.2020, despite the fact that this Court had as early as on 21.03

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