LAWS(MAD)-2021-3-367

TAMIL NADU SCHOOL EDUCATION DEPARTMENT Vs. IRUTHAYA AMALI

Decided On March 31, 2021
Tamil Nadu School Education Department Appellant
V/S
Iruthaya Amali Respondents

JUDGEMENT

(1.) A recognised Minority Primary School called St.Inigo Primary School was functioning at Venkatachalapuram Village, Ettayapuram Taluk, Thoothukudi District, where one Arokiya Mary was working in a sanctioned secondary grade post, who since was transferred on 08.06.2017. In the vacancy caused by such transfer, one T.Iruthaya Amali was appointed by the school management with effect from 09.06.2017 and when the said appointment was sent to the competent authority of the Education Department for approval, the said proposal was returned / rejected on the ground that, the teacher did not qualify with the Teacher Eligibility Test (TET) which is one of the essential qualification for appointment as secondary grade teacher and also that a certificate certifying that, there is no excess teacher working in any of the school run by the concerned Educational Agency shall be obtained and be produced.

(2.) Subsequently a certificate to that effect was given by the Educational Agency. Along with the same, the proposal was re-submitted and in order to consider the same and to give approval to the teacher appointed w.e.f., 09.06.2017, the teacher approached this Court by filing W.P.(MD).No.32 of 2018, which was heard by a learned Judge of this Court, who passed an order on 12.01.2018 in the said writ petition, where, a direction was given to the competent authority to grant approval to the teacher and consequently grant all monetary benefits to the said teacher within a time frame.

(3.) Felt aggrieved over the said order passed by the writ Court, dated 12.01.2018 made in W.P.(MD).No.32 of 2018, the Education Department preferred Intra-Court Appeal in W.A.(MD).No.76 of 2019.