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2025 DAILYLAW 183563 (MAD)

THE CORRESPONDENT v. THE STATE OF TAMILNADU

WP/35437/2024 · 2025-11-27

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

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W.P.No.35437 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.11.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.35437 of 2024 and W.M.P.Nos.38322 & 38324 of 2024 The Correspondent, R.C. Girls Primary School, Sathiyamangalam – 604 153, Villupuram District. ...Petitioner -Vs- 1. The State of Tamil Nadu, Rep. by its Principal Secretary, Department of School Education, Fort St. George, Chennai – 600 009. 2. The Director of Elementary Education, College Road, Chennai – 600 006. 3. The District Educational Officer (Elementary), District Educational Office, Tindivanam. 4. The Block Educational Officer (Elementary)-I, Block Educational Office, Gingee, Villupuram. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the third respondent District Educational Officer in Na.Ka.No.2694/A5/2024 dated https://www.mhc.tn.gov.in/judis W.P.No.35437 of 2024 07.10.2024, quash the same and further direct the third and fourth respondents to approve the appointment of Sr.P.Johncy Sangeetha as Secondary Grade Teacher in the petitioner school with effect from the date of her appointment viz., 06.06.2018, and release salary and all attendant benefits with effect from the said date. For Petitioner : Mr.K.Krishnan For M/s.Isaac Chambers For Respondents : Mr.S.Prabhakaran Government Advocate ORDER This writ petition has been filed challenging the order dated 07.10.2024, passed by the third respondent thereby rejecting the proposal for approval of the appointment of one P.Johncy Sangeetha as secondary grade teacher in the petitioner’s school. 2. The petitioner is minority and aided school. While being so, there was a vacancy for the post of secondary grade teacher on 31.05.2018, due to promotion of then incumbent one D.Arockia Selvi on 01.06.2018 as Headmistress. For the said vacancy one P.Johncy Sangeetha was appointed as secondary grade teacher on 06.06.2018 and the proposal was sent to third respondent for approval of her appointment. However, it was rejected on the ground that the said https://www.mhc.tn.gov.in/judis W.P.No.35437 of 2024 P.Johncy Sangeetha did not qualify with Teachers Eligibility Test (hereinafter referred to as “TET”). Hence, the petitioner filed the present Writ Petition with the above prayer. 3. Heard the learned counsel appearing on either side and perused the materials placed before this Court. 4. On perusal of the impugned order, it is revealed that the ground raised by the third respondent for rejecting the approval is not valid since the eligibility of TET is not applicable to the minority schools. Therefore, the impugned order passed by the third respondent cannot be sustained and is liable to be set aside. 5. In view of the above, the impugned order passed by the third respondent District Educational Officer in Na.Ka.No.2694/A5/2024 dated 07.10.2024, is hereby set aside. The second respondent is directed to approve the appointment of the said P.Johncy Sangeetha in the post of secondary grade teacher in the petitioner’s school, with effect from 06.06.2018 and disburse the arrears of salary and other monetary benefits, within a period of eight weeks from the date of receipt of a copy of this Order. https://www.mhc.tn.gov.in/judis W.P.No.35437 of 2024 6. Accordingly, the Writ Petition stands allowed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs. 27.11.2025 Index : Yes/No Neutral Citation : Yes/No Speaking/Non Speaking order rts https://www.mhc.tn.gov.in/judis W.P.No.35437 of 2024 To 1. The Principal Secretary, State of Tamil Nadu, Department of School Education, Fort St. George, Chennai – 600 009. 2. The Director of Elementary Education, College Road, Chennai – 600 006. 3. The District Educational Officer (Elementary), District Educational Office, Tindivanam. 4. The Block Educational Officer (Elementary)-I, Block Educational Office, Gingee, Villupuram. https://www.mhc.tn.gov.in/judis W.P.No.35437 of 2024 G.K.ILANTHIRAIYAN. J, rts W.P.No.35437 of 2024 and W.M.P.Nos.38322 & 38324 of 2024 27.11.2025 https://www.mhc.tn.gov.in/judis