JUDGMENT :

The common question that arises in the above batch of cases is as to whether the PG Assistants who were recruited under the Tamil Nadu Special Rules for Tamil Nadu Higher Secondary Educational Services by recruitment by transfer could be considered for promotion to the post of High School Head Masters, which comes under the Tamil Nadu Subordinate Educational Services and is a promotional post from the post of BT Assistants, who were recruited under the special Rules for Tamil Nadu Subordinate Educational Services.

2. The Educational services in the State of Tamil Nadu excluding Elementary education are governed by three sets of Rules. The earliest of them being Special Rules for Tamil Nadu School Educational Service Rules introduced in the year 1978, then came the Special Rules for Tamil Nadu Higher Secondary Educational Services which was introduced on 20.08.1981, of course, with effect from 1st July 1978. The third is the Special Rules for Tamil Nadu Subordinate Educational Services, which was introduced in the year 1985 with effect from 15th July 1985. These Rules were in supersession of Special Rules of Tamil Nadu Educational Subordinate Services in Section 6 Volume 3 of the Tamil Nadu Service Manual, 1970, insofar as they relate to the posts which fall under the School Education Department.

3. Till Academic Year 1977-78 the Tamil Nadu Higher Secondary Education was not invogue. The School Education consisted of Standard I to V called Elementary Education and Standard VI to XI called High School Education. While the Elementary Education was governed by the Elementary Educational Service Rules. The High School Education was governed by the Special Rules of Tamil Nadu Educational Subordinate Service contained in the Tamil Nadu Service Manual, 1970.

4. The Government of Tamil Nadu introduced the X +2 system in the School Education from the Academic Year 1978-79. Thereby, introducing classes XI and XII, together called Higher Secondary. Upon modification of School Education system as above, the Government introduced the Tamil Nadu Higher Secondary Education Service, which provided for appointment of PG teachers and Physical Directors/Directeress and Higher Secondary Head Masters/Head Misteresses.

5. The Service Rules of the Tamil Nadu Educational Subordinate Services were also modified in 1985, in view of the introduction of Higher Secondary Education. As a result of this introduction, we now have the Tamil Nadu Educational service which consists of the Administrative Officers viz., the Director of School Education, Director of Government Examinations, Joint Director of School Education, Deputy Director of School Education, Chief Educational Officer, District Educational Officer, Inspectors of Girls School, the Inspectors of Anglo Indian School, Assistant Director of School Education and Readers in State Council of State Education and Training, Chennai, the Assistant Director of School Education, Head Master and Head Mistress including Head Masters and Head Mistresses of Middle and High Schools, Chief Inspectors of Physical Education, and Section C posts in Directorate of Government examinations called as Secretary to the Director of Government Examinations and Additional Secretary to the Director of Government Examinations.

6. A reading of the above would show that the Tamil Nadu School Educational Service comprises of only Administrative and Supervisory staff. The Tamil Nadu Educational Subordinate Services consists of six categories of posts, they are Deputy Inspector of School and School Assistants, Junior Deputy Inspectors of Schools, Pandits in Tamil, Pandits and Munshis other than Tamil, Grade I and Pandits and Munshis other than Tamil, Grade II, Art Masters in basic training schools, Music teachers, Regional Instructors of Physical Education and Physical Directors of Physical Education Teachers. Except the posts of Deputy Inspector of School and Junior Deputy Inspector of School and Regional Inspectors of Physical