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2026 DAILYLAW 51086 (MAD)

The District Educational Officer (Elementary) v. The Correspondent

WA(MD)/999/2026 · 2026-07-14

C V Karthikeyan, R Sakthivel

Transfer Petitionbody2026

Judgment text

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WA(MD)No.999 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 14.07.2026 CORAM THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN AND THE HONOURABLE MR. JUSTICE R. SAKTHIVEL WA(MD)No.999 of 2026 and CMP(MD)No.8953 of 2026 1.The District Educational Officer (Elementary), Tenkasi District. 2.The Block Educational Officer, Kuruvikulam, Tenkasi District. : Appellants/Respondents Vs The Correspondent, R.C.Middle School, Ilayarasanendal, Tenkasi District. : Respondent/Writ Petitioner PRAYER :- Writ Appeal is filed under Clause 15 of the Letter Patent, to set aside the order dated 10.11.2025 passed by this Court in W.P.(MD)No. 31988 of 2025. 1/7 https://www.mhc.tn.gov.in/judis WA(MD)No.999 of 2026 For Appellants : Mr.K.K.Udayakumar Counsel for the State of TN For Respondent : Mr.V.Panneer Selvam JUDGMENT (Judgment of the Court was made by C.V.Karthikeyan, J.) The writ appeal had been filed against the order of the learned Single Judge of this Court in W.P.(MD)No.31988 of 2025, dated 10.11.2025. 2.The respondent/writ petitioner had filed the above writ petition seeing approval of the promotion of Sr.L.Arockiya Mary as R.C.Middle School Headmaster Ilayarasanendal, Tenkasi District, with effect from 02.07.2024 with all attended benefits. In the writ petition, it had been stated that the petitioner herein had been appointed as a Secondary Grade Teacher on 08.03.1995 and promoted as an Elementary School Headmaster on 11.06.2004 and as a B.T. Assistant on 10.06.2015 and thereafter, had been promoted as a Middle School Headmaster and joined on 02.07.2024. 2/7 https://www.mhc.tn.gov.in/judis WA(MD)No.999 of 2026 3.The learned Single Judge, while examining the relief sought, held as follows: “...2. The issue of requirement of Teachers' Eligibility Test(TET), for even to an appointment, is no longer res integra. The Government had also taken a decision to approve the appointment of teachers not possessing TET, if such appointment is made prior to 13.01.2023. The Rules relating to appointment of an Headmaster also do not envisage that the teacher who has already been approved and working in a particular school, when appointed as a Headmaster, the requirement of TET is mandatory. It is not disputed that the petitioner has been promoted as a Headmaster in the minority institution. 3. For the aforesaid reasons, this Writ Petition is allowed and the order impugned herein is set aside and the respondents are directed to grant approval to the promotion of Sr.L.Arockiya Mary as Headmaster with effect from the date of actual date of promotion and grant her all necessary monetary and other attendant benefits. Such exercise shall be carried out within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs.” 4.It is, however, contended on behalf of the appellants that the issue had been referred to a Larger Bench of the Hon'ble Supreme Court of India in the Judgment in Anjuman Ishaat-e-Taleem Trust Vs. State 3/7 https://www.mhc.tn.gov.in/judis WA(MD)No.999 of 2026 of Maharashtra and Others reported in 2025 SCC Online SC 1912 . It is contended that, since the issue is still fluid, this Court should defer recognition or the issuance of a direction to grant approval. However, it has been the consistent stand of both the learned Single Judges and the Hon'ble Division Benches of this Court to grant necessary approval to teachers of Minority Institutions pending the answer to the reference by the Hon'ble Supreme Court of India. Any order passed would be subject to the directions issued by the Hon'ble Supreme Court of India. 5.Recording the above, this Writ Appeal stands dismissed, and the order of the learned Single Judge of this Court, dated 10.11.2025, is upheld. We further direct that the necessary approval to be granted within a period of 4 weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. (C.V.K., J) & (R.S.V., J) 14.07.2026 sji 4/7 https://www.mhc.tn.gov.in/judis WA(MD)No.999 of 2026 NCC : Yes/No To The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai. 5/7 https://www.mhc.tn.gov.in/judis WA(MD)No.999 of 2026 C.V.KARTHIKEYAN, J. and R.SAKTHIVEL, J. sji ORDER IN WA(MD)No.999 of 2026 6/7 https://www.mhc.tn.gov.in/judis WA(MD)No.999 of 2026 Date : 14.07.2026 7/7 https://www.mhc.tn.gov.in/judis