P ALPHONSA MARY Vs. ADDITIONAL CHIEF SECRETARY GOVERNMENT OF TAMIL NADU DEPARTMENT OF SCHOOL EDUCATION

JUDGEMENT

(1.) By consent, these writ petitions are taken up for final disposal as the issue involved and to be adjudicated is one and the same. Mr.K.Dhananjayan, learned Special Government Pleader accepts notice on behalf of the respondents 1 to 3.

(2.) The petitioner in WP.No.1129/2017 would aver that the 4th respondent / School is an Anglo-Indian School and it is receiving grant-in-aid from the Government called as Deficit Grant and it was established and administered by the Catholic Religious Congregation of the Selesians of Don Bosco and it is also a registered Society bearing Regn.S.No.20 of 1945-1946 in the name and style of The South India Selesian Society and it is administering very many number of educational institutions for the welfare of Catholic Christian Minority Community and it is governed and protected by Article 30[1] of the Constitution of India and it is also declared as a Minority Educational institution pursuant to the orders passed by this Court and it was acted upon by the Government. The petitioner would further aver that she was appointed as a B.T. Assistant [Tamil] in the 4th respondent / School with effect from 17.06.2013 FN in the vacancy arising out of the retirement of one Mary Jesintha as Secondary Grade Teacher, whose appointment has been approved by the 2nd respondent vide proceedings dated 06.02.2013. The 4th respondent / School submitted a proposal to the 3rd respondent for approval of the appointment of the petitioner with effect from 17.06.2013, on 22.06.2016 and however, the 3rd respondent, vide impugned proceedings dated 15.07.2016, has not considered the approval on the ground of non-passing of the Teacher Eligibility Test [TET] by the petitioner and that as and when orders are received from the Government, the proposal for approval will be considered and challenging the legality of the same, the petitioner came forward to file the present writ petition in WP.No.1129/2017.

(3.) The petitioner in WP.No.1130/2017 would aver that the 4th respondent / School is an Anglo-Indian School and it is receiving grant-in-aid from the Government called as Deficit Grant and it was established and administered by the Catholic Religious Congregation of the Selesians of Don Bosco and it is also a registered Society bearing Regn.S.No.20 of 1945-1946 in the name and style of The South India Selesian Society and it is administering very many number of educational institutions for the welfare of Catholic Christian Minority Community and it is governed and protected by Article 30[1] of the Constitution of India and it is also declared as a Minority Educational institution pursuant to the orders passed by this Court and it was acted upon by the Government. The petitioner would further aver that she was appointed as a B.T. Assistant [Science] in the 4th respondent / School with effect from 16.07.2012 FN in the vacancy arising out of the promotion of one Mrs.S.Bernice Priscilla and whose appointment has been endorsed by the 3rd respondent vide proceedings dated 26.09.2012. The 4th respondent / School submitted a proposal to the 3rd respondent for approval of the appointment of the petitioner with effect from 16.07.2012, on 09.10.2012 and however, the 3rd respondent, vide impugned proceedings dated 15.07.2016, has not considered the approval on the ground of non-passing of the Teacher Eligibility Test [TET] by the petitioner and that as and when orders are received from the Government, the proposal for approval will be considered and challenging the legality of the same, the petitioner came forward to file the present writ petition in WP.No.1130/2017.