The court emphasized the need for fair promotional opportunities and highlighted the violation of constitutional rights in the application of rules for promotion/recruitment.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to declare the post of Higher Secondary School Headmaster is equivalent to the post of District Educational Officer coming under the Tamil Nadu Educational Service, in the light of the Government Letter No.31252/SE1(1)/2017-1 dated 11.04.2018, School Education Department and to consider the petitioners for promotion to the post of Chief Educational Officer in compliance with Section 40(3) and second provision to Section 41(1) of Tamil Nadu Government Servants (Condition of Service) Act, 2016 as well as G.O.Ms.No.1069, P and AR Department dated 13.10.1984, in rectification of discrepancies/flaws in application of Rules for promotion/recruitment by transfer to the post of District Educational Officer and Chief Educational Officer respectively and by earmarking separate ratio/quota for Higher Secondary School Headmasters for promotion to the post of Chief Educational Officer.)

1. This Writ Petition is filed for issuance of a writ of Mandamus, directing the respondents to declare the post of Higher Secondary School Headmaster is equivalent to the post of District Educational Officer coming under the Tamil Nadu Educational Service, in the light of the Government Letter No.31252/SE1(1)/2017-1 dated 11.04.2018, School Education Department and to consider the petitioners for promotion to the post of Chief Educational Officer in compliance with Section 40(3) and second provision to Section 41(1) of Tamil Nadu Government Servants (Condition of Service) Act, 2016 as well as G.O.Ms.No.1069, P and AR Department dated 13.10.1984, in rectification of discrepancies/flaws in application of Rules for promotion / recruitment by transfer to the post of District Educational Officer and Chief Educational Officer respectively and by earmarking separate ratio/quota for Higher Secondary School Headmasters for promotion to the post of Chief Educational Officer.

2. The brief facts of the case are that the petitioners herein are working as Headmasters in Government Higher Secondary Schools governed by Tamil Nadu Higher Secondary Educational Services Rules, which is Special Rule. The petitioners are commonly aggrieved against non consideration of their promotional avenues based on the post of Headmaster of Higher Secondary School. Further they being sought to be treated equivalent to High School Headmaster which is the feeder category in the matter of further promotion to the post of District Educational Officer and Chief Educational Officer. Based on the existing Rules, a BT Assistant appointed in Tamil Nadu School Education Subordinate Services has opportunity for promotion upto the post of District Educational Officer and Chief Educational Officer/Inspecting Officers of Higher Secondary Services and therefore, persons with lesser qualification have been appointed as Inspecting Officers over the post of Headmaster of Higher Secondary School which is carrying higher qualification. The petitioners are claiming for promotion to the post of Chief Educational Officer from the post of Higher Secondary School Headmaster or to a separate ratio for the Higher Secondary School Headmaster to the post of Chief Educational Officer. The petitioners are directly recruited as PG Assistant in various subjects in Tamil Nadu Higher Secondary Educational Services. After considerable length of service, they are given promotion to the post of Higher Secondary School Headmaster. All the petitioners are working as Higher Secondary School Headmasters for several number of years without any promotional opportunity, since they are to be considered to be posted as DEO and that as CEO on transfer only with lesser percentage namely, 35% of the posts. Inspite of the fact that the petitioners have rendered several years of service in the post of PG Assistant and Higher Secondary School Headmaster, they are not considered for further promotion to