The Madurai Bench of the Madras High Court has held that Rule 12A of the Tamil Nadu State and Subordinate Services Rules, which mandates passing the Tamil Language Test, is not applicable to teachers in private aided schools. Justice Shamim Ahmed quashed the 2018 order of the District Educational Officer rejecting retrospective approval of a teacher’s appointment and directed approval from the original date of appointment along with service and monetary benefits.
Background
The writ petition was filed by K. Kumari, a teacher at Concordia Lutheran High School, Kollemcode, Kanyakumari District. She was appointed as a B.T. Assistant (probationary teacher) on 15.06.2011 in the said minority institution. Her mother tongue being Malayalam, the education authorities insisted on her passing the Tamil Language Test in accordance with Fundamental Rules applicable to Tamil Nadu Government servants.
Kumari passed the Tamil Language Test on 25.05.2015. Approval for her appointment was granted only from that date. Her earlier service from 15.06.2011 to 24.05.2015 was not approved by the authorities, who cited Rule 12A of the Tamil Nadu State and Subordinate Services Rules as the basis for denial. She challenged this rejection through WP(MD) No.27439 of 2022.
Petitioner’s Arguments
Kumari’s counsel contended that Rule 12A is applicable only to government servants recruited through the Tamil Nadu Public Service Commission (TNPSC), not to teachers in private aided schools. He argued that under the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and the rules framed thereunder, passing the Tamil Language Test is not a condition precedent to appointment. He further cited previous judgments of the Court which held that Rule 12A cannot be made applicable to private institutions.
The petitioner relied on:
- S. Mohamood Basha v. Director of Collegiate Education, 2002 (3) CTC 336,
- Geldon Wilfred Viola case, 2009 (2) TNLJ 101 (Civil),
- Fr. Geevarghese Mathew v. State of Tamil Nadu, WP(MD) No.11689 of 2017,
- S. Rejani v. State of Tamil Nadu, WP(MD) No.16143 of 2016.
Government’s Response
The State argued that as per Rule 12A, no person is eligible for direct recruitment unless they possess adequate knowledge of Tamil. Since the petitioner passed the Tamil Language Test only in 2015, her service from 2011 to 2015 could not be regularised. It was further submitted that the government has a policy of promoting Tamil as the official language and introduced legislative measures such as the Tamil Nadu Persons Studied in Tamil Medium Act, 2010. The authorities maintained that government aid is not a fundamental right and must follow eligibility norms.
Court’s Analysis
Justice Shamim Ahmed examined whether Rule 12A of the Tamil Nadu State and Subordinate Services Rules was applicable to private aided school teachers. The Court held:
“Rule 12A of the Tamil Nadu State and Subordinate Services Rules does not have any application to the teachers appointed in private aided schools receiving grants from the Government of Tamil Nadu.”
The Court observed that the petitioner was governed by the Tamil Nadu Recognised Private Schools (Regulation) Act and the Tamil Nadu Minority Schools (Recognition and Payment of Grant) Rules, 1977. It was reiterated that the Tamil Language Test, even if required, is a post-appointment compliance and cannot be used to deny appointment approval retrospectively.
Citing the decision in S. Mohamood Basha, the Court held:
“The Government cannot withhold approval of [an] appointment on an extraneous ground, namely, his not having studied Tamil or taken a test prescribed for Government servants under the Rules governing and applicable to Government servants.”
The judgment also referred to the Division Bench ruling in WA(MD) No.2131 of 2021 which affirmed the position that Rule 12A does not extend to private school teachers.
Conclusion and Directions
The Court concluded that denial of appointment approval from 15.06.2011 to 24.05.2015 was illegal and unjust. Accordingly, the impugned order dated 09.11.2018 was quashed.
The Court directed:
- The District Educational Officer (3rd Respondent) shall approve Kumari’s appointment as B.T. Assistant from 15.06.2011.
- All service and monetary attendant benefits, including arrears of salary, shall be paid within two months.
- Monthly salary shall be paid regularly henceforth.
No order as to costs was made.
Case Title: K. Kumari v. State of Tamil Nadu & Ors.
Case No.: WP(MD) No. 27439 of 2022
