B.MANJULA Vs. DISTRICT ELEMENTARY EDUCATION OFFICER

JUDGEMENT

(1.) The lis on hand has been instituted to quash the proceedings dtd. 2/2/2015, passed by the 1st respondent, stating that as per the Regulations issued by National Council for Teachers Education (NCTE) passing of Teachers Eligibility Test (TET) is a requisite qualification for appointment of Teachers in all Schools, including minority schools.

(2.) The petitioner states that she is now working as Secondary Grade Teacher at St.Joseph's Primary School / 3rd respondent. The 3rd respondent Primary School is a Minority Aided School. The petitioner was appointed pursuant to the vacancy aroused due to the retirement of one Smt.C.Florencia on 31/5/2012. The order of appointment issued to the writ petitioner reveals that she was selected and appointed as Assistant Teacher in the 3rd respondent / Primary School against the vacancy caused due to the retirement of Smt.C.Florencia.

(3.) The petitioner states that she is fully qualified to hold the post of Secondary Grade Teacher as she had completed her Diploma in Teachers Education. The 3rd respondent School submitted a proposal to the Additional Assistant Elementary Education Officer / 2nd respondent to approve the appointment of the writ petitioner as she was discharging the duty as Secondary Grade Teacher from 2/7/2012. The 3rd respondent enclosed all the particulars including Educational certificates of the writ petitioner. The 3rd respondent made a representation to the 2nd respondent to approve the appointment of the writ petitioner as the petitioner is fully qualified to hold the post of Secondary Grade Teacher. However, the 1st respondent issued the impugned order in proceedings dtd. 2/2/2015 and returned the proposals sent by the 3rd respondent for approval of the appointment of the writ petitioner on the ground that even in respect of appointments made in Minority Aided Schools, the Teacher appointed must possess the requisite qualifications of Teachers Eligibility Test (TET) as per the National Council for Teachers Education. (NCTE).