At, High Court of Judicature at Madras
By, THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN & THE HONOURABLE MR. JUSTICE P. RAJAMANICKAM
For the Appellant: D. Venkatesh Advocate. For the Respondents: R1 to R4, S. Srimathy, Special Government Pleader.
(Common Prayer: Writ Appeals filed under Clause 15 of the Letters Patent Act, to set aside the order passed in W.P(MD)No.19257, 19259 and 19260 of 2015 dated 29.08.2019.)
M. Sathyanarayanan, J.
1. All these writ appeals are taken up and disposed of by this common judgment – issue to be adjudicated is one and the same.
W.A(MD)No.598 of 2020 against W.P(MD)No.19257 of 2015:
2. The appellant/writ petitioner after getting degree in Bachelor of Educational Course, was appointed as BT Assistant by the fifth respondent Minority Educational Institution in the place of one Mr.Bernadhat with effect from 03.01.2012 and thereafter, the fifth respondent submitted a proposal to the third respondent through the fourth respondent to approve the appointment of the appellant / writ petitioner and it was not considered primarily for the reason that the appellant / writ petitioner did not clear Teachers Eligibility Test.
W.A(MD)No.602 of 2020 against W.P(MD)No.19259 of 2015:
3. The appellant / writ petitioner after completing Diploma in Teacher Education Course was appointed as Secondary Grade Teacher by the fifth respondent Institution in the place of one Mrs.Forgia with effect from 15.02.2013 and submitted a proposal dated 10.08.2015 to the third respondent through the fourth respondent to approve the appointment of the appellant / writ petitioner and it was not considered primarily for the reason that the appellant / writ petitioner did not clear Teachers Eligibility Test.
W.A(MD)No.604 of 2020 against W.P(MD)No.19260 of 2015:
4. The petitioner after completing Diploma in Teacher Education Course was offered employment by the fifth respondent in the place of one Mr.Shanmugaiah, with effect from 15.06.2011 and the fifth respondent submitted a necessary proposal dated 29.07.2015 to the third respondent via fourth respondent to approve the appointment of the appellant / writ petitioner and it was not considered primarily for the reason that the appellant / writ petitioner did not clear Teachers Eligibility Test.
5. The appellants / writ petitioners took a stand in the light of Constitutional Bench judgment reported in (2014) 8 SCC 1 : (2014) 4 MLJ 486 (SC) (Pramati Educational and Cultural Trust and others vs. Union of India and Others) that there is no mandate cast upon the teachers to clear the Teachers Eligibility Test for getting appointment in the Minority Institutions.
6. The learned single Judge disposed of the writ petitions holding that passing of Teachers Eligibility Test is mandatory and challenging the legality of the common order dated 29.08.2019 passed in W.P(MD)Nos.19257, 19259 and 19260 of 2015, the appellants / writ petitioners, came forward to file these writ appeals.
7. The learned counsel appearing for the appellants / writ petitioners has invited the attention of this Court to the judgment rendered by the Constitutional Bench reported in (2014) 8 SCC 1 : (2014) 4 MLJ 486 (SC) and would submit that a reference was made before the Constitutional Bench as to the validity of Clause (5) of Article 15 of the Constitution of India, inserted by the Constitution (Ninety-third Amendment) Act, 2005, with effect from 20.01.2006 as well as the validity of Article 21(A) of the Constitution of India, inserted by the Constitution (Eighty-Sixth Amendment) Act, 2002 with effect from 01.04.2010.
8. This Court has carefully considered the submissions and also perused the materials placed before it
9. The Constitutional Bench incidentally also considered the scope and ambit of the Right to Education and held in Paragraph No.45 that the State has no power to interfere with the administration of the Minority Institutions and can make only regulatory measures and has no power to force the admissions of students from amongst non-minority communities, particularly in minority schools, so as to affect the minority character of the Institutions and in Paragraph No.46, further held that 2009 Act insofar it is made applicable to the minority schools referred to in Clause (1) of Article 30 of the Constitution, is ultra virus of the Constitution.
10. In the light of the said pronouncement, this Court is of the considered view that in respect of Teachers, who are joining Minority Institutions, eligibility of passing Teachers Eligibility Test cannot be insisted upon and hence, on the said sole ground, the impugned order passed in the writ petitions warrants interference.
11. In the result, these writ appeals
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are allowed and the impugned order dated 29.08.2019 passed in W.P(MD)Nos.19257, 19259 and 19260 of 2015, is set aside. No Costs. Consequently, connected Miscellaneous Petitions are closed. 12. The third respondent is directed to process the proposals sent by the fifth respondent schools as expeditiously as possible and complete the exercise within a period of eight weeks from the date of receipt of a copy of the order and communicate the decision taken to the fifth respondent schools.