W.P.No.31089 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 12.03.2026 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 31089 of 2025 & W.M.P.No. 34849 of 2025 S.Beulah Santhakumari ...Petitioner Vs. 1.The Director of School Education, DPI Campus, College Road, Chennai 600 006. 2.The Chief Educational Officer Cuddalore Educational District, Cuddalore. 3.The District Educational Officer (Secondary) Cuddalore Educational District, Cuddalore District. 4.The Correspondent, Danish Mission Higher Secondary School, Parikkal, Kallakurichi District. ...Respondents 1/13 https://www.mhc.tn.gov.in/judis W.P.No.31089 of 2025 Prayer: Writ Petition is filed under Section 226 of the Constitution of India for issue of Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceeding issued by the 3rd respondent in Mo.Mu.No.8072/Aa4/2023 dated .02.2025 and signed on 19.02.2025 and 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 (History) in the 4th respondent school from the date of appointment with effect from 08.02.2023 with all consequential and other attendant benefits, including payment of arrears of salary from the date of appointment. For Petitioner : Mr. S.Nedunchezhiyan For Respondents : Mrs. Mythreye Chandru 1 to 3 Special Government Pleader O R D E R This writ petition is filed for the following relief: “To call for the records relating to the impugned proceeding issued by the 3rd respondent in Mo.Mu.No.8072/Aa4/2023 dated .02.2025 and signed on 2/13 https://www.mhc.tn.gov.in/judis W.P.No.31089 of 2025 19.02.2025 and 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 (History) in the 4th respondent school from the date of appointment with effect from 08.02.2023 with all consequential and other attendant benefits, including payment of arrears of salary from the date of appointment.” 2. The petitioner was appointed as a B.T.Assistant (History) in the 4th respondent School by orders of the 4th respondent dated 06.02.2023. Accordingly, the petitioner joined the service in the post of the B.T.Assistant (History) on 08.02.2023. Thereafter, the 4th respondent school submitted a proposal on 18.04.2023, to respondent 3 for approval of her appointment, with effect from 08.02.2023. However, the same was rejected stating that the petitioner has not qualified the TET exam. 3/13 https://www.mhc.tn.gov.in/judis W.P.No.31089 of 2025 3. Challenging the rejection of approval for sanctioned post in the 4th 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 4/13 https://www.mhc.tn.gov.in/judis W.P.No.31089 of 2025 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 5/13 https://www.mhc.tn.gov.in/judis W.P.No.31089 of 2025 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 for the minority Schools is that when Tamil Nadu Recognized Private Schools (Regulation) Act, 1973 received the assent of the President of India and it is still in force, it cannot be 6/13 https://www.mhc.tn.gov.in/judis W.P.No.31089 of 2025 supplanted by an Executive Order, namely, by G.O.Ms.No.181 dated 15.11.2011. Further, the Apex Court has clearly held in Pramati Educational and Cultural Trust V. Union of India (Supra) that RTE Act, 2009 is not applicable to the minority institutions. Therefore, we have no hesitation to hold that the right conferred under Article 30(1) of the Constitution cannot be abrogated. Consequently, G.O.Ms.No.181 dated 15.11.2011, which was issued pursuant to the directions of NCTE, cannot be made applicable to the minority institutions. 60.In the light of the above, we are of the view that the Government cannot insist upon the minority institution, both aided or unaided, to abide by any Regulation framed under the provisions of the RTE Act. Therefore, we hold that G.O.Ms.No. 181, School Education (C2) Department dated 15.11.2011 issued by the Government of Tamil Nadu, is not applicable to the minority institutions. Similarly, G.O.Ms.No.76 dated 18.03.2015 issued by the Government of Puducherry, is also not applicable to the minority 7/13 https://www.mhc.tn.gov.in/judis W.P.No.31089 of 2025 institutions.” 11.Following the said judgment of the Division Bench, a number of orders have been passed in similar situations, where the teachers appointed in minority institutions / schools sent for approval to the authorities, where the said approval had been rejected on the ground that those teachers did not have the TET qualification.” Thus, the respondents may not be legally justified in insisting that the petitioner, who is a teacher in Minority Institution, should have passed the TET.” 9.In the light of the aforesaid decisions, rejection of the proposals for appointment of the teachers in a minority educational institutions in these writ petitions, wherever applicable, on the ground that TET is a per-requirement for appointment of a teacher cannot be sustained. Therefore, as on date qualification of passing TET is not required as it is not applicable to minority school. The issue relating to applicability of TET is pending before the Hon’ble Supreme Court in SLP.(C).No.1385 of 2025. 8/13 https://www.mhc.tn.gov.in/judis W.P.No.31089 of 2025 5. Meanwhile, the Government had issued GO.No.300, dated 24.12.2025, wherein it is stated as follows: “10/nkw;fz;l epiyapy;. gs;spf;fy;tp ,af;Feupd ; fUj;JUtpid muR ftdKld ; guprPyid bra;J. SLP (C) No.1385/2025 kw;Wk ; bjhlu;t[ila tHf;Ffspy; khz;g[kpF cr;r ePjpkd;wk ; tH';fpa nkny vl;lhtjhfg; gof;fg;gl;l 01/09/2025 Mk; ehspl;l Mizapid fUj;jpy ; bfhz;Lk;. khepy murpd ; jiyik tHf;Fiu"uplkpUe;J bgwg;gl;l nkny xd;gjhtjhfg ; gof;fg;gl;l rl;lf ; fUj;jpd ; mog;gilapYk;. jkpH;ehL jdpahu; gs;spfs; xG';FgLj;Jk; tpjpfs; 2023 eilKiwg;gLj;jg;gl;l 13/01/2023f;F Kd;du; muR epjpa[jtp bgWk; rpWghd;ikg; gs;spfspy; Mrpupau ; jFjpj ; nju;t [ nju;r;rp bgwhky; gzpg[upe;J tUgtu;fSf;F epakd xg;g[jy; mspf;f nfhUk ; gs;spf;fy;tp ,af;Feupd; fUj;Jutpid Vw;W. rpWghd;ik fy;tp 9/13 https://www.mhc.tn.gov.in/judis W.P.No.31089 of 2025 epWtd';fspy; Mrpupau; jFjp nju;tpy; nju;r;rp Fwpj;J cr;r ePjpkd;w mku;tpd; (Larger Bench) Kotpw;Fl;gl;L. MuR epjpa[jtp bgWk; rpWghd;ik fy;tp epWtd';fspy;. 13/01/2023f;F Kd;du ; mDkjpf;fg;gl;l epug;gj;jFe;j fhyp gzpapl';fspy ; gs;sp epu;thf';fshy; epakpf;fg;gl;L Mrpupau; jFjpj; nju;tpy; nju;r;rp bgwhky ; gzpg[upe;J tUk ; nkw;fwpg;gpl;l 470 Mrpupau;fSf;F mtu;fspd ; fy;tpj ; jFjp cs;spl;l ,ju tptu';fspd; cz;ikj; jd;ik cWjp bra;j gpd;du ; bjhlu;g[ila mjpfhuk; bgw;w mYtyu;fshy ; epakd Vw;gspg;g [ tH';f xg;g[jy; mspj;J Miz btspaplg;gLfpwJ. 6. In view of the above judgments and in the light of GO.No.300 dated 24.12.2025, this writ petition is allowed, the impugned order dated 19.02.2025 is quashed and the 2nd respondent is directed to approve the appointment of the petitioner in the post of B.T.Assistant (History) in the 4th respondent school from the date of appointment i.e., on 08.02.2023 with payment of salary and other service and monetary benefits, within a period of 3 months from the date of receipt of a copy 10/13 https://www.mhc.tn.gov.in/judis W.P.No.31089 of 2025 of this order. However, her approval will be subject to the ultimate decision of the Hon’ble Supreme Court in SLP (C) No.1385/2025. Consequently, the connected miscellaneous petition is closed. No costs. 12.03.2026 kan 11/13 https://www.mhc.tn.gov.in/judis W.P.No.31089 of 2025 To 1.The Director of School Education, DPI Campus, College Road, Chennai 600 006. 2.The Chief Educational Officer Cuddalore Educational District, Cuddalore. 3.The District Educational Officer (Secondary) Cuddalore Educational District, Cuddalore District. 4.The Correspondent, Danish Mission Higher Secondary School, Parikkal, Kallakurichi District. 12/13 https://www.mhc.tn.gov.in/judis W.P.No.31089 of 2025 P.T. ASHA, J kan W.P.No.31089 of 2025 12.03.2026 13/13 https://www.mhc.tn.gov.in/judis