The Madras High Court has held that the Teachers Eligibility Test (TET) would not be made applicable to the educational institutions run by the minorities. Justice V Parthiban (since retired) gave the ruling, while allowing a writ plea from a teacher working in RCM High School in Karayanchavadi in Poonamallee here recently.
The petition from M Ani, sought to quash an order of the Tiruvallur District Education Officer (DEO) passed in July 2017 and prayed for a direction to the other authorities to continue to pay her salary with all service benefits. The July 2017 order sought to recover the increments already granted to her, as she did not qualify in the TET. She is not entitled to the annual increments and also maternity leave benefits, it added.
According to the senior counsel representing the petitioner, the prescription of TET qualification in terms of the Right of Children to Free and Compulsory Education Act, 2009, was already held to be not applicable to minority institutions by a Constitution Bench of the Supreme Court. The school, in which the petitioner was employed, is a minority institution. Hence, the TET would not be made applicable to it.
Accepting the arguments, the judge quashed the proceedings of the Tiruvallur DEO and directed the authorities to grant appropriate annual increments that are otherwise admissible to the petitioner. If any recovery was effected as a consequence of the impugned order, the same being held illegal herein, must be refunded to the petitioner forthwith. The competent authorities shall pass appropriate orders in this regard within four weeks.
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