A Teacher Eligibility Test (TET) qualification is not a mandatory pre-requisite for the appointment of teachers in a recognized minority educational institution, as such a requirement conflicts with the rights protected under Article 30(1) of the Constitution.

ORDER

This writ petition is filed for the following relief:

“To call for the records relating the impugned Proceedings issued by the 2nd respondent in Na.Ka.No.9672/Aa6/2025 dated 26.11.2025 and to Quash the same and consequently directing the Respondents 2 and 3 to pass orders for granting approval of appointment of the petitioner in the sanctioned post of B.T.Assistant (Science) in the 4^th respondent School from the date of appointment with effect from 01.06.2025 with all consequential and other attendant benefits, including payment of arrears of salary from the date of appointment, based on the proposal submitted by the 4^th respondent school dated

01.06.2025.”

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

4^th respondent School by orders of the 4^th respondent dated 01.06.2025. Accordingly, the petitioner joined the service in the post of the B.T.Assistant (Science). The 4^th respondent school submitted a proposal on 01.06.2025 to the 2^nd respondent through the 3^rd respondent for approval of her appointment, with effect from 01.06.2025. However, the same was rejected stating that the petitioner has not qualified the TET exam.

3. Challenging the rejection of approval for sanctioned post in the 4^th respondent School, the petitioner is before this Court.

4. The Division Bench of this Court in the Judgement reported in

2022 SCC Online Mad 4513 – S.Halen Raja Soundari Vs. District Elementary Educational Officer and others, has held as follows:

“b) Not qualified in Teacher Eligibility Test (TET): It is a well settled proposition that a qualification in the Teachers Eligibility Test (TET), is not a pre-requirement for appointment of a teacher in a private minority educational institution. Following this proposition, this Court in the case of T.Sahayam Vs. The District Educational Officer, Tiruchendur and others, passed in W.P.(MD)No.24902 of 2019, dated 05.07.2022, had placed reliance on other decisions of this Court, upholding this proposition, in the following manner:

“7. 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 Institution, is not mandatory.

8. In one such decision of this Court in the case of J.D.Christopher Asir Vs. The Director of School Education, DPI Campus, College Road, Chennai and others in W.P. (MD).No.13935 of 2018, dated 29.06.2018, this preposition was held in the following manner:

“9.The issue of requirement of TET qualification for any teacher employed or appointed in a school run by the minority management can no longer be res integra as in a number of cases, the said requirement directed not to be insisted upon. In this regard, as has been pointed out by the learned counsel appearing for the petitioner, the issue has been decided in a judgment of Division Bench of the Principal Seat of this Court in the matter of Secretary to Government, Government of Tamil Nadu, Education Department and others Vs.

S.Jeyalakshmi and another reported in (2016) 7 MLJ.

10.In the said judgment, the Hon'ble Division Bench has made it clear that the requirement of TET qualification cannot be insisted upon from the teacher working in minority institutions and in this regard a view expressed by the Division Bench and the law held thereon are extracted hereunder:- “58.In our opinion, non qualifying in TET by the Teachers already in service should not defeat the object of the Government to provide quality and standard education and therefore, the Government may, in the alternative, conduct a refresher course and also some interactive sessions during annual vacation, in order to ensure and enhance the quality of education.

59.Insofar as minority institutions are concer