P. MEENATCHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) G.O. Ms. No.181, School Education dtd. 15/11/2011, which mandates acquiring of certificate in the Teacher Eligibility Test (for short 'TET') as a mandatory requirement for the purpose of continuance in the post of Secondary Grade Teacher, in consequence of the notification of NCTE dtd. 23/8/2010 pursuant to the Right of Children to Free and Compulsory Education Act, 2009 (for short 'the Act'), the petitioner has filed the present petition for a direction to the respondents not to compel the petitioner to acquire the said certificate as the same cannot be said to be mandatory insofar as teachers, who have been in service prior to the enactment of the Act.

(2.) When the matter was listed for hearing on 14/9/2022 before one of us, viz., G.R.Swaminathan, J., finding divergence in view with the orders passed by the coordinate Benches of this Court, with regard to the acquiring of certificate in TET for the purpose of appointment/continuance as teacher in elementary school, observed as under :-

(3.) It is true that this Judgment is squarely against the writ petitioner. But the learned counsel appearing for the writ petitioner submitted two contra decisions by two other Hon'ble Judges of this Court supporting his stand. Vide order dtd. 23/9/2019 in W.P. (MD)Nos.8168 & 8169 of 2017, a learned Judge had held as follows:-