[Judgment of the Court by T.S.SIVAGNANAM, J.] The writ appeal, in W.A.(MD) No.1383 of 2013, is directed against the interim order, dated 25.07.2013, made in M.P.(MD) No.2 of 2013 in W.P.(MD) No.11957 of 2013, by which an interim direction was issued to the appellants / respondents 1 to 5 and 7 and the second respondent / sixth respondent to grant temporary approval for the appointment of the first respondent / writ petitioner, who was appointed as a B.T.Assistant in Mathematics in the second respondent / sixth respondent - School.
2. It is submitted by the learned counsel on either side that the issue involved in the writ petition, in W.P.(MD) No.11957 of 2013, is squarely covered by the decision in A.Firdose Begum v. The Secretary to Government, School Education Department, in W.P.Nos.14072 of 2015 etc., batch, dated 22.09.2016. In the said decision, the Division Bench allowed the similar batch of writ petitions with a direction to the Government to release the salary of the Teachers / petitioners therein.
3. At this juncture, it would be beneficial to refer the operative portion of the said order, which reads as follows:
"60. In the light of the above, we are of the view 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. Therefore, we hold that G.O.Ms.No.181, School Education (C2) Department, dated 15.11.2011, issued by the Government of Tamil Nadu, is not applicable to the minority institutions. Similarly, G.O.Ms.No.76, dated 18.03.2015, issued by the Government of Puducherry, is also not applicable to the minority institutions.
61. Though the intention of the Government is that there should not be any discrimination among the Teachers working in non-minority Schools and minority Schools with respect to qualification and that there should be uniformity in the teaching imparted to the children, in view of the decision of the Apex Court in Pramati Educational & Cultural Trust, the Government cannot take shelter under the guise of discrimination to impose restrictions on minority institutions.
62.However, keeping in mind the larger interest in which the Government has issued the above G.Os., this Court feels that the minority institutions may also consider conducting a refresher course and also some interactive sessions to all the Teachers during annual vacation, in order to ensure and improve the quality of Teachers.
63. In the result, the writ petitions are allowed and the writ appeals are dismissed with a direction to the Government to release the salary of the Teachers and also to pay the arrears of salary within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, connected M.Ps., are closed."
4. Since the issue involved in this matter is covered by the aforesaid decision in A.Firdose Begum (cited supra), we have called for the writ petition, in W.P.(MD) No.11957 of 2013, to be heard and disposed of along with this appeal and the same is also being disposed of accordingly.
5. In the light of the above discussions, the writ appeal in W.A.No.1383 of 2013 preferred by the Government is dismissed and following the decision in A.Firdose Begum (cited supra), the writ petition, in W.P.(MD) No.11957 of 2013 is allowed as prayed for. No costs. Consequently, connected miscellaneous petitions are closed.
To:
1.The Secretary to State of Tamilnadu, Department of School Education, St.George Fort, Chennai.
2.The Director of School, Education Office of Director of School, Education College Road, Chennai-6.
3.The Joint Director, Education (Higher Secondary), Office of the Director of School Education, College Road, Chennai-9.
4.The Chief Educational Officer, District Educational Office, Dindigul District.
5.The District Educational Officer, Office of Educational Office, Dindigul District.
6.The Secretary, Teacher Recruitment Board, EVK Sampath Maligai, DPI Compound, College Road, Chennai-6..