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The Government Of Tamilnadu vs P.Sasintharani

Madras High Court|15 June, 2017

JUDGMENT / ORDER

[Judgment of the Court by T.S.SIVAGNANAM, J.] Heard Mr.V.R.Shanmuganathan, learned Special Government Pleader appearing for the appellants, Mr.T.Cibi Chakraborthy, learned counsel appearing for the first respondent and perused the materials placed on record.
2. This writ appeal by the Government is directed against the order, dated 19.08.2016, made in W.P.(MD) No.14453 of 2016, which was filed challenging the Government Order, in G.O.(Ms) No.181, School Education (C2) Department, dated 15.11.2011, passed by the first appellant.
3. Two issues arise for consideration, namely, as to whether the appellant - Department could insist upon that the first respondent should have passed Teachers Eligibility Test (T.E.T.) and the second issue is with regard to staff fixation.
4. It is not the dispute that the first issue has been answered by the Honourable Supreme Court holding that T.E.T., qualification cannot be insisted upon in respect of the Minority Institutions. Therefore, the first issue is held in favour of the first respondent.
5. With regard to the second issue of staff fixation is concerned, it would suffice to direct the Headmaster of the second respondent - School to produce the staff fixation order before the fourth appellant namely, the District Educational Officer, Madurai, who shall consider the same and pass appropriate orders.
6. Accordingly, while affirming the impugned order passed by the Writ Court, we direct the Headmaster of the second respondent - School to produce the staff fixation order before the fourth appellant, namely, the District Educational Officer, Madurai, within a period of two weeks from the date of receipt of a copy of this Judgment and on receipt of the same, the fourth appellant shall consider the same and pass appropriate orders in accordance with law, within a period of four weeks thereafter.
7. With the above observations, the writ appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed..
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Title

The Government Of Tamilnadu vs P.Sasintharani

Court

Madras High Court

JudgmentDate
15 June, 2017