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TET case various cut of date refer to full bench R subramaniyam judge bench order. W.A(MD)No.432 of 2023 R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J. [Order of the Court was made by R.SUBRAMANIAN, J.] We find that an apparent conflict between two Division Bench judgments of this

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W.A(MD)No.432 of 2023

R.SUBRAMANIAN, J.

and

L.VICTORIA GOWRI, J.

[Order of the Court was made by R.SUBRAMANIAN, J.]

We find that an apparent conflict between two Division Bench judgments of this Court on the question as to whether a pass in Teachers Eligibility Test is required even for those Teachers, who were appointed prior to 29.07.2011, to enable them to continue in service.  A Divsion Bench consisting of the Hon’ble Mr.Justice G.R.SWAMINATHAN and the Hon’ble Mr.Justice M.DHANDAPANI, has pronounced, on

29.03.2023, as follows:

“75. This Court, in extenso, has dealt with the provisions of law and has held that the acquiring of TET qualification for the purpose of continuance in service is mandatory and that the teachers, who were in service, were granted more than nine years to acquire TET qualification. The petitioner having been appointed on 10.11.2010 by which time the academic authority, viz., NCTE, has prescribed the minimum qualification for persons to be acquired for continuing in the post of elementary school teacher, it is incumbent on the petitioner to have adhered to the prescription and acquired the qualification of TET. Between the time of appointment of the petitioner and till now, almost twelve years have passed. Nine years relaxation was granted by the Government itself for acquiring TET and further three years also having passed, the petitioner has not qualified herself in TET, but has come before this Court now to claim exemption from acquiring TET. However, the petitioner has neither challenged Section 23 nor rule 17, which have prescribed the minimum qualification and in the absence of any challenge being made to the provisions, the mandatory prescription of TET cannot be diluted by granting any exemption to the petitioner, which is already foreclosed by the statutory prescription. In such view of the matter, the case of the petitioner squarely falls within the four corners of the reference holding that TET is mandatory and, therefore, no exemption could be granted to the petitioner and necessarily this writ petition deserves to be rejected.”

  1. However, Ms.Amala, learned counsel appearing for the first respondent would rely upon a judgment of another Division Bench consisting of the Hon’ble Mr.Justice R.MAHADEVAN and the Hon’ble Mr.Justice MOHAMMED SHAFFIQ, dated 02.06.2023, wherein the Division Bench, has held that those Teachers, who were appointed prior to 29.07.2011, need not secure a pass in Teachers Eligibility Test in order to enable them to continue in service. Conclusions of the Division Bench are as follows:

“74. For the sake of clarity and ease of reference, the upshot of the above discussion is as under:

  • Any teacher appointed as Secondary Grade Teacher or Graduate Teacher/BT Assistant prior to 29.07.2011 shall continue in service and also receive increments and incentives, even if they do not possess/acquire a pass in TET. At the same time, for future promotional prospects like promotion from secondary grade teacher to B.T. Assistant as well as for promotion to Headmasters, etc., irrespective of their dates of original appointment, they must necessarily possess TET, failing which they will not be eligible for promotion.
  • Any appointment made to the post of Secondary Grade Teacher after 29.07.2011 must necessarily possess TET.
  • Any appointment made to Graduate Teacher/BT Assistant, after 29.07.2011, whether by direct recruitment or promotion from the post of Secondary Grade Teacher, or transfer, must necessarily possess TET.
  • The Special Rules for the Tamil Nadu School Educational Subordinate Service issued in GO (Ms.) No.13 School Education (S.E3(1)) Department dated 30.01.2020 insofar as it prescribes “a pass in Teacher Eligibility Test (TET)” only for direct recruitment for the post of BT Assistant and not for promotion thereto in Annexure-I (referred to in Rule 6) is struck down, thereby meaning that TET is mandatory/essential eligibility criterion for appointment to the post of BT Assistant even by promotion from Secondary Grade Teachers.
  • The language employed in G.O. (Ms) No. 181 dated 15.11.2011 is to be read and understood to the effect that for continuance in service without promotional prospects, TET is not mandatory.”
  1. Unfortunately, the earlier Division Bench judgment, dated 29.03.2023, has not been brought to the notice of the Division Bench headed by the Hon’ble Mr.Justice R.MAHADEVAN. We are therefore, of the opinion that this conflict has to be resolved by constitution of a Larger Bench. We therefore, direct the Registry to place the papers before my Lord the Hon’ble Chief Justice for constitution of a Larger Bench to resolve the conflict.

[R.S.M., J.]             [L.V.G., J.]

                           08.06.2023

                             

PM

 R.SUBRAMANIAN   , J. and

 L.VICTORIA GOWRI   , J.

pm

W.A(MD)No.432 of 2023

08.06.2023

 

 

 

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