SAMIYA SAMREEN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This writ petition has been filed challenging the impugned order passed by the 5th respondent, addressing the 6th respondent school to the effect that the petitioner is not entitled for the periodical increment, in view of the fact that he has not qualified himself by passing TET examination.

(2.) The learned counsel for the petitioner submitted that the Division Bench of this Court in WP Nos. 11983 of 2016 etc batch dated 24.8.2016, has categorically held that G. O. Ms. No. 181, School Education Department dated 15.11.2011, which insisted for the passing of the TET Exam, will not apply to the Minority institutions. The learned counsel submitted that in view of the Judgment of the Division Bench, the impugned order passed by the 5th respondent is unsustainable in law.

(3.) The learned Government advocate, who took notice on behalf of the respondents 1 to 5 would submit that a secondary grade teacher in order to be entitled for periodical increment, has to clear the TET exam in accordance with G. O. Ms. No. 181, School Education Department dated 15.11.2011.