Chennai: Citing previous orders of the Supreme Court and Madras High Court, Justice V Parthiban on Saturday ruled that teachers working with minority institutions need not clear the Teacher Eligibility Test (TET) for continuing in the service or claiming pay benefits.
The judge passed the direction on allowing a petition filed by M Ani, a BT assistant who joined a government aided-school at Karayanchavadi, Poonamallee in 2012. The petitioner prayed for a direction to quash the order of the Tiruvalluvar district educational officer to recover the amount paid for increments and maternity leave.
Senior advocate Father Xavier Arulraj, appearing for the petitioner submitted that as per the ruling of the constitutional bench of the SC, and several directions of Madras HC, TET is unnecessary for teachers working in minority schools.
Concurring with submissions, the judge held that the court has to come to the conclusion that the impugned action of the DEO is illegal and cannot be sustained in law. “The decision of this court, following the earlier legal precedent on the subject matter, would be squarely applicable to the present case too,” Justice Parthiban said.
Senior counsel Arulraj submitted that since the school where the petitioner is working is a minority institution, the impugned action of recovery of increments and discontinuance of further grant of two annual increments cannot be countenanced in law.