TET qualification is not mandatory for appointments in minority institutions and surplus post status at a later stage cannot be used to reject approval.

..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Certiorarified Mandamus, calling for the records relating to the proceedings issued by third respondent by proceeding in O.Mu. No.52/A1/2023 dated 24.01.2023 and to quash the same and consequently directing, the respondents to approve the appointment of petitioner in the post of Secondary Grade Teacher in the 5th respondent school, from the date of appointment on 19.01/2019 with all consequential and attendant benefits including the payment of salary from the date of appointment along with interest within a time frame to be fixed by this Court.

For Petitioner : Mr.S.Nedunchezhiyan For Respondents : Mr.A.M.Ayyathurai Government Advocate R5 - No Appearance

ORDER

The writ petition has been filed challenging the proceedings issued by third respondent vide proceeding in O.Mu.No.52/A1/2023 dated 24.01.2023 and consequently direct respondents to approve appointment of petitioner in the post of Secondary Grade Teacher in fifth respondent school, from the date of appointment on 19.01.2019 with all consequential and attendant benefits including the payment of salary from the date of appointment along with interest within a time frame to be fixed by this Court.

2. It is submitted by both learned counsel for petitioner as well as learned Government Advocate for respondents that the issue stands covered by a judgment of this Court in W.P.No.32397 of 2024 dated 12.03.2026, wherein it was inter alia held as under:

i) That if the appointment is to a sanctioned post the fact that it becomes a surplus in view of subsequent reduction in student strength cannot be a ground for rejecting approval.

ii) Insofar as the reason assigned by the respondent that the proposal cannot be accepted for want of TET qualification is concerned, this reasoning has also been dealt with by this Court in several writ petitions, wherein it was held that the pre-requirement of TET qualification for a teacher in a Minority Institutions, is not mandatory.

3. The above order was passed after following the order in W.A.(MD) No.1716 of 2024 dated 26.09.2014 and judgment of the Division Bench of this Court in the case of S.Halen Raja Soundari vs District Elementary Educational Officer and others reported in 2022 SCC Online Mad 4513. The relevant portions are extracted hereunder:

i) W.A.(MD) No.1716 of 2024 dated 26.09.2014:

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 Secondary Grade Teacher 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 21.03.2012 by its pronouncement made in S.Rasheetha Banu vs. State of Tamil Nadu, Represented by its Secretary to Government, Chennai and others held that the question of surplus will have to be taken on the date of appointment and not thereafter. It was also held that if the appointment is to a sanctioned post the fact that it becomes a surplus in view of subsequent reductio