Madras High Court

WA/3501/2023 of THE STATE OF TAMIL NADU Vs M.POONGODI on 1 September 2026

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WA No. 3501 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-09-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN

WA No. 3501 of 2023

1. The State Of Tamil Nadu

Rep. by its Secretary, School Education

Department, Fort St. George, chennai-600009

2. The Director of School Education

DPI Complex, Nungambakkam, chennai

3. The Chief Educational Officer

Thiruvannamalai

4. The District Educational Officer

Arani, Thiruvannamalai

..Appellant(s)

Vs

1. M.Poongodi

W/o.K.Ayothi, B.T.Assistant (Botany)

(Now P.G.Assistant), S.S.Hr. Secondary

School, Arani, Thiruvannamalai District

2. The Correspondent

Arani, Thiruvannamalai District

..Respondent(s)

Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 17.12.2021 made in WP.No. 34876 of 2019.

For Appellant(s):

Mr.A.R.Suresh,

Special Government Pleader

For Respondent(s):

Ms.Dakshayani Reddy

Senior Counsel

M/s.S.Suneetha For R1

No Appearance For R2

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2026:MHC:3629

WA No. 3501 of 2023

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JUDGMENT

(Judgment of the Court was delivered by S.M.Subramaniam J.) The State preferred the present intra-court appeal challenging the writ order dated 17.12.2021 passed in W.P.No.34876 of 2019.

2. Respondent instituted a writ of mandamus to approve the appointment of the petitioner to the post of Post Graduate Assistant on promotion with effect from 03.10.2017 with all consequential and monetary benefits.

3. Respondent was appointed as B.T. Assistant on 10.10.2011. She was promoted to the post of Post Graduate Assistant on 03.10.2017. As per G.O.Ms.No.181, School Education Department, dated 15.11.2011, Teachers Eligibility Test (hereinafter referred to as ‘TET’) became the mandatory qualification for appointment to teaching post. However, the respondent claimed that she was appointed prior to the issuance of G.O.Ms.No.181, School Education Department, dated 15.11.2011 as B.T. Assistant on 10.10.2011. Therefore, TET qualification cannot be held as mandatory against the respondent.

4. However, learned Special Government Pleader would submit that the appointment alone is protected by Courts, and in respect of teachers, who

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2026:MHC:3629 WA No. 3501 of 2023

have not passed TET are not eligible for further promotions to the higher posts.

5. The legal position has been settled by the Division Bench of this Court in a batch of Writ appeals in W.A.No.313 of 2022 etc., dated 02.06.2023. The judgment of the Division Bench was confirmed by the Hon’ble Supreme Court of India in Anjuman Ishaat-E-Taleem Trust Vs. The State Of Maharashtra & Others1. Therefore, appointment of the respondent is protected, but in respect of the promotion, it is to be considered only if the teacher posses mandatory qualification of TET.

6. Mrs.Dakshayani Reddy, learned Senior Counsel appearing on behalf of the 1st respondent produced the certificate dated 30.01.2026 issued by the Teachers Recruitment Board that the respondent has passed TET held on 16.11.2025.

7. In view of the said position, the appellant authority may consider the case of the respondent in light of the Anjuman Ishaat-E-Taleem Trust case and as per the Government orders and Rules in force.

8. With these observations, the writ order impugned dated 17.12.2021 passed in W.P.No.34876 of 2019 is set aside. Accordingly, the writ appeal is 1 2025 INSC 1063

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2026:MHC:3629 WA No. 3501 of 2023

allowed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (K.G.R.,J.) 01-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD To

1. The Correspondent Arani, Thiruvannamalai District

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2026:MHC:3629 WA No. 3501 of 2023

S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. GD WA No. 3501 of 2023

01-09-2026

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