Minority Rights - Whether Department Can Insist On Teachers Working In Minority Institution To Pass Teachers Eligibility Test? Supreme Court To Consider

The Supreme Court on Monday agreed to consider whether the department can mandatorily insist teachers working in Minority Aided Institutions to pass Teachers Eligibility Test.

The bench of Justices MR Shah and BV Nagarathna also agreed to consider as to whether providing such a qualification would effect any of the rights of the minority institution guaranteed under the Constitution of India.

The Top Court also issued notice in the SLP preferred by Director Of School Education Chennai assailing Madras High Court's judgement dated September 26, 2019 wherein High Court had observed that department cannot mandatorily insist the teachers working in minority institutions to have TET qualification.

"The important question of law which is raised in the present SLP is whether the Department can insist for TET examination passed in case of a Teacher of a minority institution and whether providing such a qualification would effect any of the rights of the minority institution guaranteed under the Constitution of India", the Court observed while issuing notice.

Case Before Madras High Court

The appellant had challenged the order passed by the District Education Officer canceling her appointment on the ground that she has not passed Teachers Eligibility Test.

The issue that arose before the High Court was whether the department could mandatorily insist on passing Teachers Eligibility Test, especially when teachers were working in a minority aided institution.

Referring to the judgements in P. Savarimuthu Maria George v. The District Elementary Educational Officer, Virudhunagar District & Others [2018 0 Supreme (Mad) 4017] (W.A.(MD) No. 948 of 2018, K. Solomon Jeyaraj -vs- Secretary, Department of School Education (Judgment dated 25.11.2016 in W.A. (MD) No. 1437 of 2016), Y. Kanagaraj -vs- State of Tamil Nadu (Judgment dated 16.06.2017 in W.A. (MD) No. 724 of 2017) and K. Anita -vs- State of Tamil Nadu wherein the view was taken that the department cannot mandatorily insist the teachers working in minority institutions to have TET qualification, the bench said,

"In our considered view, various Division Benches have taken consistent stand as regards the legal position and in doing so reference has been made to the decision of the Constitutional Bench of the Hon'ble Supreme Court in Paramati Educational & Cultural Trust v. Union of India [2014(8) SCC 1], and a decision has been rendered. This Court does not find any ground to take a different view."

Case Title: The Director Of School Education Chennai & Anr. V. B. Annie Packiarani Bai & Anr.| Diary No. 17702/2021

Click Here To Read/Download Supreme Court's Order 

Click Here To Read/Download Madras High Court's Order