TET Qualification Applicable To All Educational Institutions Including Minority Institutions: Madras High Court
The Madras High Court allowed a Writ Appeal of the State preferred against the Order passed in a Writ Petition.
The Madras High Court held that TET (Teachers Eligibility Test) qualification is applicable to all educational institutions including minority institutions.
The Madurai Bench held thus in a Writ Appeal preferred by the State against the Order passed in a Writ Petition.
A Division Bench comprising Justice J. Nisha Banu and Justice S. Srimathy observed, “Therefore, this Court after perusing the facts, provisions and by relying on the judgments rendered in Pramati’s case and T.M.A.Pai Foundation case is of the considered opinion that the Government has power to prescribe minimum educational qualifications for teachers to be appointed in the educational institutions including minority institutions. The government had appointed NCTE as “Academic Authority” to prescribe qualifications. And NCTE has prescribed TET as one of the qualifications. Therefore, TET qualification is applicable to all educational institutions including minority institutions also.”
Additional Government Pleader (AGP) J. Ashok appeared on behalf of the Appellants while Advocate J. Lawrance appeared on behalf of the Respondents.
Facts of the Case
A Writ Petition was filed for the issuance of a Writ of Certiorarified Mandamus to quash an Order and consequently to approve forthwith the Petitioner’s promotion as B.T. Assistant (Tamil) in a school with all attendant benefits including the arrears of salary and allowance and the retirement benefits including pension. The said Petitioner was appointed in the school as a Secondary Grade Teacher in the promoted vacancy in the year 1996. The said school was a private aided minority school governed by the Tamil Nadu Recognized Private Schools (Regulation Act), 1974 and Rules made thereunder and the Tamil Nadu Minority School (Recognition and Payments of Grant) Rules, 1977.
The Petitioner was promoted as BT Assistant in 2022 and thereafter she attained superannuation in 2023. The Management submitted a proposal through the District Educational Officer (DEO), requesting to approve the Petitioner’s promotion. The authorities sought clarification and particulars and the school resubmitted the proposal. The Chief Educational Officer (CEO) returned the proposal, directing to enclose the TET Paper II Certificate. The Petitioner was not possessing the same, however, claimed that she was working in a private minority school and the Right of Children to Free and Compulsory Education Act, 2009, is not applicable to the minority schools and hence TET is not applicable to the minority schools. The Writ Court held that the TET qualification was not required for appointment of teachers in minority institutions. Being aggrieved, the Appellants filed an Appeal.
Reasoning
The High Court after hearing the contentions of the counsel, noted, “When the question arose for extension of time, then Central Government did not extent the time. It is the Parliament which had amended the Act and granted extension of four more years. And the proviso was inserted by the Amendment Act 24 of 2017 dated 09.08.2017 and published in gazette on 20.08.2017, but had given retrospective effect from 01.04.2015 onwards.”
The Court further said that neither the Central Government nor the State Government has power to grant any exemption from the prescription of basic minimum qualification, one among them is TET qualification and if granted by State, then it will be directly interfering with the power of the Parliament.
“Therefore, the withdrawal of appeal by the State will not confer any benefits to the teachers in minority institutions from possessing TET qualifications. And also by withdrawing the appeal the State cannot confer any benefits to the teachers in minority institutions from possessing TET qualifications. In effect the withdrawal of appeal has no impact at all”, it also added.
The Court concluded that since the candidate is not having TET qualification, the approval of appointment cannot be granted and the Order passed by the Educational Department denying the approval is valid as far as TET qualification is concerned.
Accordingly, the High Court allowed the Appeal and set aside the impugned Order.
Cause Title- The State of Tamil Nadu & Ors. v. K. Bashiri & Anr. (Neutral Citation: 2025:MHC:874)
