Teacher Eligibility Test (TET) qualification is not a mandatory pre-requirement for the appointment of teachers in minority educational institutions, as protected under Article 30(1) of the Constitution of India.

ORDER

This writ petition is filed for the following relief:

“To call for the records relating to the impugned order passed by the 1st respondent in his proceedings in O.Mu.No.954/A2/2024 dated 02.09.2025 and consequential impugned order passed by the 2nd respondent in his proceedings in May.A.Na.Ka.No.12806/A2/2025 dated 16.12.2025 and quash the same as illegal and consequently to direct the respondents to approve the appointment of M. Nithya as B.T. Assistant (English) W.e.f. 01.08.2023 and pay arrears of salary with all other attended benefits.”

2. The petitioner is the Correspondent of the SBM High School, Namakkal. The petitioner would submit that Mrs.M.Nithya was appointed as a B.T.Assistant (English) in the petitioner School on 01.08.2023. Accordingly, the said Nithya joined the service in the post of the B.T.Assistant (English) on 01.08.2023. Thereafter, the petitioner school submitted a proposal on 06.12.2023, to the 1^st respondent through the 2^nd respondent for approval of her appointment. However, the same was rejected stating that the said Nithya has not qualified the TET exam.

3. Challenging the rejection of approval for sanctioned post, 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 concerned, the contention of the learned senior counsel appearing