1.L.Jenner : Respondent No.1 in W.A.(MD)No.1134/2013
2.The Correspondent, St. Antonys Higher Secondary School, Kosavapatti, Dindigul District. : Respondent No.2 in both W.As.
COMMON PRAYER: Writ Appeals are filed under Clause 15 of the Letters Patent against the order of a learned Single Judge of this Court dated 07.08.2013, made in M.P.(MD)Nos.2 and 2 of 2013 in W.P.(MD)Nos.13160 and 13161 of 2013.
[Judgment of the Court was delivered by R.SUBBIAH, J.] These Writ Appeals have been filed as against the interim order passed by the Writ Court, dated 07.08.2013, made in M.P.(MD)Nos.2 and 2 of 2013 in W.P.(MD)Nos.13160 and 13161 of 2013, directing the appellants herein to give temporary approval to the first respondent in both the appeals. The said order was passed by the learned Single Judge based on the order passed by this Court dated 29.04.2013, made in M.P.(MD)Nos.1 of 2013 in W.P.(MD)Nos.2722 of 2013, etc., batch.
2. Today, when the appeals were taken up for consideration, the main ground raised by the Government is that the first respondent in both appeals have not passed the teacher eligibility test and thus, the interim order granted by the Writ Court to give temporary approval is not legally sustainable.
3. In reply, the learned counsel for the first respondent submits that the said ground was raised by the Government only on the presumption that the provisions of Right of Children to Free and Compulsory Education Act, 2009 [for brevity "RTE Act"] would apply to the minority institutions. However, a Division Bench of this Court, by order dated 22.09.2016, in W.P.Nos.14072 of 2015, etc., batch, has held that the Government cannot insist upon the minority institution, both aided or unaided, to abide by any Regulation framed under the provisions of the RTE Act and allowed the Writ Petitions.
4. Therefore, applying the dictum laid down in the order passed by the Division Bench of this Court dated 22.09.2016, in W.P.Nos.14072 of 2015, etc., batch, to the case on hand, we find no infirmity in the interim order passed by the learned Single Judge. Hence, the Writ Appeals are liable to be dismissed and accordingly, dismissed. No costs. Consequently, the connected miscellaneous petitions are closed..