The Teacher Eligibility Test (TET) is not a mandatory pre-requirement for the appointment of teachers in government-aided religious and linguistic minority educational institutions as such a requirement would infringe upon the right conferred under Article 30(1) of the Constitution.

..Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the entire records connected with the impugned order passed by the 3^rd respondent in Na.Ka.No. 2626/Aa4/2024, 27.12.2024 dated 27.12.2024 and quash the same and consequently direct the 3^rd respondent to approve the appointment of the petitioner as Secondary Grade Teacher (Urdu) in the 5^th respondent school w.e.f.

10.08.2023 with all consequential monetary benefits and pass orders.

For Petitioner: Mr.S.N.Ravichandran For Respondents: Ms.Mythreye Chandru Special Government Pleader for R1 to R4

ORDER

The writ petition has been filed seeking to quash the impugned order passed by the 3rd respondent dated 27.12.2024, and to direct the 3rd respondent to approve the appointment of the petitioner as Secondary Grade Teacher (Urdu) in the 5th respondent-School w.e.f. 10.08.2023, with all consequential monetary benefits.

2. The petitioner having possessed a diploma in Teacher Education in Urdu, she was appointed as Secondary Grade Teacher in the 5^th respondent school on 10.08.2023. The 5^th respondent school is an Aided Religious and Linguistic Minority institution. Pursuant to her appointment, the 5^th respondent school vide its proceedings dated 18.10.2025, had submitted a proposal to the 3^rd respondent for approval of her appointment as Secondary Grade Teacher. However, the same was rejected by the 3^rd respondent vide impugned proceedings dated

27.12.2024 stating that the petitioner has not cleared TET examination.

3. Challenging the rejection of approval for sanctioned post in the 5^th respondent School, the petitioner is before this Court.

4. The learned counsel appearing for the petitioner would submit that Teacher Eligibility Test [TET] is not applicable to the Aided Minority Institutions. In support of his contention, the learned counsel appearing for the petitioner has drawn reference to the judgments of this Court to The Secretary to Government Vs S.Jayalakshmi & Another reported in 2016(4) CTC 841, and W.A.No.313 of 2022 & batch etc., dated

02.06.2023.

5. It is also informed before the Court that the respondents had sought for certain clarifications and the same has been provided only on

08.05.2025.

6. Heard the learned counsel on either side and also perused the materials available on record.

7. 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 tea