Teachers appointment full order Sekarreporter: W.P.No.12584 of 2022 and WMP.Nos.12037 &12038 of 2022 D.KRISHNAKUMAR, J. The petitioner has filed the present writ petition seeking direction to the respondents to implement the amendment to Rule 3 of the Tamil Nadu School Education Subordinate Services vide G.O.Ms.No.7, School Education Department dated 20.01.2020 by taking into account

[7/7, 22:42] Sekarreporter: W.P.No.12584 of 2022
and WMP.Nos.12037 &12038 of 2022

D.KRISHNAKUMAR, J.

The petitioner has filed the present writ petition seeking direction to the respondents to implement the amendment to Rule 3 of the Tamil Nadu School Education Subordinate Services vide G.O.Ms.No.7, School Education Department dated 20.01.2020 by taking into account that it is retrospective effect from 19.07.2007 by preparing the number of vacancies for each year from the year 2011 for the purpose of filling up 2% of the vacancies in the post of BT Assistants recruitment by transfer from among the qualified non teaching staff and accordingly call for the name of the petitioners and grant them with appointment to the post of BT Assistants first before resorting to fill up the vacancies in the post of BT Assistants by promotion.

2. Mrs.Dakshayani Reddy, learned counsel for the petitioner submits that for filling up 2% of the vacancies in the post of BT Assistants recruitment by transfer, the eligibility of pass in TET is not required as per the notification of the Government.

3. This Court in W.P.Nos.28284 of 2021 etc., batch dated 07.04.2022, has observed that teachers, who do not possess the minimum qualification of pass in TET, as per Section 23 of the RTE Act, 2009 and also as per the RTE (Amendment Act), 2017, are not entitled to continue their service in the schools/educational institutions and also directed the educational authorities to ensure strict compliance of the instructions issued by the Principal Secretary to Government, School Education Department, Chennai-9, vide Letter
D.KRISHNAKUMAR, J.

Jvm

No.2343/MS/2019-1 dated 02.05.2019, failing which appropriate action shall be taken in accordance with law. Therefore, this Court asked the respondents as to whether the persons to be filled up under 2% reservation, possess the eligibility criteria of pass in TET.

4. Mr.R.Shunmugasundaram, learned Advocate General, Mr.N.Neelakandan, learned Additional Advocate General and the Commissioner of School Education, Chennai, who is present before this Court seeks time to get instructions.

List the matter on 08.07.2022 at 2.15 p.m.

07.07.2022
Jvm

W.P.No.12584 of 2022
[7/7, 22:43] Sekarreporter: .