Minority schools exempted from TET: Madras HC – India Today

The Madras High Court ruled that the Teachers Eligibility Test (TET) would not be applied to minority-run educational institutions. The ruling was given by Justice V Parthiban (since retired) while allowing a writ plea by a teacher employed at the RCM High School in Karayanchavadi in Poonamallee.

The petition submitted by M Ani sought to overturn an order by the Tiruvallur District Education Officer (DEO) which was passed in July 2017, in addition to seeking direction from the other authorities to continue paying her salary with all service benefits.

WHAT WAS THE DEO ORDER?

The order passed in July 2017 by the Tiruvallur District Education Officer (DEO) was seeking to recover the increments that had already been granted to her because she had not qualified for TET.

Additionally, she is also not entitled to annual increments and maternity leave benefits.

TET QUALIFICATION NOT REQUIRED FOR MINORITY-RUN INSTITUTIONS

The senior counsel representing the petitioner argued that a Constitution Bench of the Supreme Court has already held that the prescription of TET qualification in terms of the Right of Children to Free and Compulsory Education Act, 2009 is not applicable to minority institutions.

PETITIONERS ARGUMENTS

It was further argued that the school that the petitioner was employed at is a minority institution, so TET would not be applicable to it.

While accepting the arguments, the judge overturned the Tiruvallur DEO proceedings while directing the authorities to grant appropriate yearly increments that are otherwise admissible to the petitioner.

It was further directed that if any recovery was effected as the result of the order, it should be refunded to the petitioner immediately.

The court further ordered the concerned authorities to pass appropriate orders within four weeks.

(With PTI inputs)