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2023 DAILYLAW 4737 (MAD)

S.K. Rajeswari v. District Elementary Educational Officer

WA/817/2023 · 2026-06-03

N Senthilkumar, S M Subramaniam

Transfer Petitionbody2023

Judgment text

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WA No. 817 of 2023 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-06-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR WA No. 817 of 2023 and CMP Nos. 7785 & 7786 of 2023 S.K. Rajeswari 2-A, Thiruvaluvar Street, Gandhi Nagar, Avadi, Chennai 600054. Now the appellant has changed his residence at 29, Athiyaman Street, Rajajipuram, Thiruvallur, Thiruvallur District. ..Appellant(s) Vs 1. District Elementary Educational Officer Chennai - 600 006. 2. The Assistant Elementary Educational officer, Egmore, Chennai-8. 3. The President And Correspondent Dhanakoti Middle School, Chindadripet, Chennai-2. 4. Teachers Recruitment Borad, Rep. by its Chairman, College Road, Nungambakkam, Chennai - 600 006. 5. Union Of India Rep. by its Secretary to Government, Department of School Education and Literacy, Ministry of Human Resource Development, 217-C, Shastri Bhawan, New Delhi - 110 001. https://www.mhc.tn.gov.in/judis WA No. 817 of 2023 __________ Page2 of 6 6. National Council For Teacher Education (ncte), Rep. by its Member Secretary, G-7, Sector-10, Dwarka, New Delhi 110 075. ..Respondent(s) WA No. 817 of 2023 Writ Appeal filed under Clause 15 of Letters Patent to set aside the orders passed by the Honble Court in WP NO.3571/2017 dated 28.04.2022 WA No. 817 of 2023 For Appellant(s): Mr.G.Sankaran, Senior Counsel for M/s. C.S. Associates For Respondent(s): Dr.R.Gouri, Government Counsel for R1 & R2 Mr.P.Sankaranayaranan for R3 Mr.C.Kathiravan, Standing Counsel for TRB for R4 Not ready in notice for R5 No appearance for R6 Judgment (Judgment of the Court was delivered by S.M.Subramaniam J.) The present writ appeal has been instituted to assail the writ order dated 28.04.2022 passed in W.P.No.3571 of 2017. 2. Writ Petitioner is the appellant herein. The appellant was appointed as a Secondary Grade Teacher in the 3rd respondent School. The 1st respondent rejected the approval of the appellant since she did not possess https://www.mhc.tn.gov.in/judis WA No. 817 of 2023 __________ Page3 of 6 the essential qualification of passing of Teacher Eligibility Test (TET). Since the appellant did not possess the requisite qualification of TET, action was initiated to terminate her service and the appellant approached this Court by filing a writ petition. The writ petition was also dismissed by this Court. 3. The appellant was appointed as a teacher in the 3rd respondent school on 26.09.2011 and the process of appointment of teachers had been initiated prior to 23.08.2010 vide notification dated 23.08.2010 issued by National Council for Teacher Education (NCTE). The petitioner did not pass the TET till the extended time, which lapsed on 31.03.2019. Subsequently, TET exam was conducted on 08.06.2019 and 09.06.2019 and the petitioner did not pass the exam. 4. Learned Senior Counsel appearing on behalf of the appellant would submit that the Hon’ble Supreme Court in a Review Petition (Civil) Diary No.53434/2025 reported in 2026 INSC 597 has passed further orders by extending the time granted in paragraph No.217 of Anjumanjuman Ishaat-e- Taleem Trust v. State of Maharastra1 for in-service teachers to acquire TET qualification from 2 (two) to 3 (three) years, i.e, the qualification has to be obtained by 31st August, 2028 instead of 31st August 2027 as originally directed. Learned Senior Counsel would submit that the appellant passed the TET exam on 15.11.2025. 1 2025 SCC Online SC 1912 https://www.mhc.tn.gov.in/judis WA No. 817 of 2023 __________ Page4 of 6 5. However, the learned Government Counsel opposed by stating that the appellant is not an in-service candidate and the appellant had left the service. 6. In view of the above factual and legal position, this Court is not inclined to interfere with the writ order impugned. Therefore, the Writ Appeal stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S.,J.) (N.S.,J.) 03-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VSI To 1. District Elementary Educational Officer Chennai - 600 006. 2. The Assistant Elementary Educational officer, Egmore, Chennai-8. 3. The President And Correspondent Dhanakoti Middle School, Chindadripet, Chennai-2. 4. The Chairman, Teachers Recruitment Board, College Road, Nungambakkam, Chennai - 600 006. 5. The Secretary to Government, Department of School Education and Literacy, https://www.mhc.tn.gov.in/judis WA No. 817 of 2023 __________ Page5 of 6 Ministry of Human Resource Development, 217-C, Shastri Bhawan, New Delhi - 110 001. 6. The Member Secretary, National Council For Teacher Education (NCTE), G-7, Sector-10, Dwarka, New Delhi 110 075. https://www.mhc.tn.gov.in/judis WA No. 817 of 2023 __________ Page6 of 6 S.M.SUBRAMANIAM J. AND N.SENTHILKUMAR J. vsi WA No. 817 of 2023 and CMP Nos. 7785 & 7786 of 2023 03-06-2026 https://www.mhc.tn.gov.in/judis