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2023 Supreme(Online)(MAD) 1934
IN THE HIGH COURT OF JUDICATURE AT MADRAS ORDERS RESERVED ON : 11.12.2023 ORDERS PRONOUNCED ON : 19.12.2023 CORAM :
THE HON'BLE MR. SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition Nos.819 of 2021, 10589 of 2018 and 26641 of 2023 &
W.M.P.Nos.18396, 18398, 879, 882 and 9971 of 2021, 12547 and 12548 of 2018, 14766 of 2022, 26079 and 26080 of 2023 W.P.No.819 of 2021:
1.A.Ramu
2.S.Srinivasan
3.N.Ponnusamy 4.A.Pachamuthu
5.P.Elayaraja 6.M.Sugumar
7.A.M.Shankar ... Petitioners Versus
1. The Government of Tamil Nadu, Represented by its Principal Secretary, School Education Department Fort St.George Chennai – 600 009.
2.The Director of School Education Directorate of School Education College Road Chennai – 600 006.
3.The Principal Secretary Personnel and Administrative Reforms Department Fort St.George Chennai – 600 006. ... Respondents W.P.No.10589 of 2018:
1.A.Venkadesan
2.M.Ramamurthy
3.S.Sethuranganathan
4.Sudhir John 5.P.Agastiyan
6.K.Sekar
7.A.Sarala Devi
8.A.M.Govindaraj
9.V.Murugan
10.N.Raju
11.V.Mageswaran 12.M.Thangarasu 13.M.Marimuthu
14.M.Selvam
15.R.Dhanasekaran 16.K.R.Karunanithi
17.R.Sivakumar ... Petitioners Versus
1. The Government of Tamil Nadu, Represented by Principal Secretary, School Education Department Fort St.George, Chennai – 600 009.
2.The Director of School Education College Road, DPI Compound Chennai – 600 006.
3.The Joint Director of School Education (Higher Secondary)
College Road DPI Compound Chennai – 600 006.
4.G.Ilango 5.M.Jambu
6.P.Elayaraja (R6 impleaded vide order of this Court dated 21.08.2023 made in W.M.P.No.25080 of 2019) ... Respondents W.P.No.26641 of 2023:
1.R.Sekar
2.R.Murali
3.K.Allimuthu
4.R.Mahendiran
5.A.Madalaimuthu ... Petitioners Versus
1. The Government of Tamil Nadu, Represented by its Principal Secretary, School Education Department Fort St.George Chennai – 600 009.
2.The Director of School Education Directorate of School Education College Road Chennai – 600 006.
3.The Principal Secretary Human Resource Management Department Fort St.George Chennai – 600 006. ... Respondents Prayer in W.P.No.819 of 2021 : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records of the first respondent herein in Rule 2(b) (i) of Special Rules for Tamil Nadu Higher Secondary Educational Service comprised in G.O.Ms.No.14, School Education Department, dated 30.01.2020 in so far as the fixation of ratio of 2:7 amongst the feeder categories for appointment to the post of Higher Secondary Headmaster is concerned and quash the same and consequently direct the respondents herein to re-fix the ratio as 1:8 amongst feeder categories based upon the cadre strength of the feeder categories of High School Headmasters and PG Assistants.
Prayer in W.P.No.10589 of 2018 : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records of the first respondent in relation to rule 2(b)(i) of Tamil Nadu Higher Secondary Service Rule, issued in G.O.Ms.No.138, School Education (SE 2(u)) Department, dated 08.07.2018 and as re-issued in G.O.Ms.No.14 School Education Department dated 30.01.2020 and quash the same in so far as it modified the ratio 2:7 in the place of 2:5:2 for the post of Head Master Higher Secondary School is concerned and in so far as the petitioners are concerned and issue a consequential direction to the respondents to allot one vacancy in the post of Head Master Higher Secondary School among the two vacancies meant for the vanished category of P.G.Assistant (SCERT) and Physical Directors (SCERT) and to ensure the proportion of 3:6 vacancies between Headmaster, High School, the petitioners and P.G.Assistants – Direct Recruits, for filling up the post of Head Master Higher Secondary School by way of recruitment by transfer and promotion.
(Prayer amended vide order of this Court dated 21.08.2023 made in W.M.P.No.14761 of 2022)
Prayer in W.P.No.26641 of 2023 : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records of the first respondent herein in Rule 2(b)(i) of Special Rules for Tamil Nadu Higher Secondary Educational Service comprised in G.O.Ms.No.14, School Education (SE2(1)) Department dated 30.01.2020 in so far as the fixation of ratio of 2:7 amongst the feeder categories for appointment to the post of Higher Secondary Headmaster is concerned and quash the same and consequently direct the respondents herein to re-fix the ratio as 1:9 amongst feeder categories based upon the cadre strength of the feeder categories of High School Headmasters and PG Assistants.
In W.P.No.819 of 2021:
For the Petitioners : Mrs.Dakshayani Reddy Senior Counsel for Ms.Suneetha For the Respondents : Mrs.R.Anitha Special Government Pleader, for RR-1 to 3 In W.P.No.10589 of 2018:
For the Petitioners : Mr.R.Saseetharan For the Respondents : Mrs.R.Anitha Special Government Pleader, for RR-1 to 3 Ms.L.Parvin Banu for RR4 & 5 In W.P.No.26641 of 2023:
For the Petitioners : Mr.P.Ganesan for Mr.C.Vediappan For the Respondents : Mrs.R.Anitha Special Government Pleader
COMMON JUDGMENT
(Judgment made by the Hon'ble Mr.Justice D.Bharatha Chakravarthy) The prayer in all these Writ Petitions are either similar or opposed to each other and as such are taken up together for disposal by way of this common Judgment.
2.The brief facts leading to the filing of these Writ Petitions are, there are posts of Headmaster and Headmistress in the Higher Secondary Schools in the Tamil Nadu Higher Secondary Educational Service under the 1st respondent Department, viz., the School Education Department, Government of Tamil Nadu. The said posts are Class I posts in the scale of pay of Rs.15,600/- - Rs.39,100/- + GP Rs.5400/- . Recruitment to the said post is governed by the Rules framed under the Proviso to Article 309 of the Constitution of India, vide G.O.Ms.No.14, School Education (SE2(1)) Department dated 30.01.2020, known as 'Special Rules for the Tamil Nadu Higher Secondary Educational Service'. As per the same, appointment to the said post is firstly by way of transfer from the category of Headmasters/Headmistress of Government High Schools in Class V of the Tamil Nadu School Education Service and secondly by way of promotion from Class II and Class III of the Tamil Nadu Higher Secondary Educational Service. Class II consists of the Post Graduate Assistants in academic subjects and the Post Graduate Assistants in languages. Class III consists of District Inspector of Physical Education, and Physical Directors of Higher Secondary Schools. Rule 2 (b) provides a quota for both modes of recruitment i.e., by transfer and promotion in the ratio of 2:7. It is essential to extract Rule 2 (b)(i), which reads as follows:-
“2 (b) (i) Vacancies arising in Class I of the service shall be filled up so as to ensure that the proportion of appointment in the service in the said Class by recruitment by transfer and by promotion from categories of Class II and Class III taken together respectively be in the ratio of 2:7 and the cycle for such appointment shall be as follows:-
By recruitment by transfer from Class V of the Tamil Nadu School Educational Service (Headmaster /
Headmistress of Government High Schools)- 01 By promotion from Class II and Class III - 01 By promotion from Class II and Class III - 01 By promotion from Class II and Class III - 01 By recruitment by transfer from Class V of the Tamil Nadu School Educational Service (Headmaster /
Headmistress of Government High Schools) - 01 By promotion from Class II and Class III - 01 By promotion from Class II and Class III- 01 By promotion from Class II and Class III - 01 By promotion from Class II and Class III - 01 Provided that if no sufficient number of qualified and suitable candidates are available for appointment by a particular method, such vacancies shall be filled in by the other method prescribed;
Provided further that promotion shall be made from combined seniority list of categories in Class II and Class III.
(ii) Fifty percent of the substantive vacancies in Class II and category 2 of Class III of the service shall be filled or reserved to be filled by direct recruitment; and remaining fifty percent shall be filled or reserved to be filled by recruitment by transfer.
Provided that fifty percent of the substantive vacancies in category 1, 'Post Graduate Assistant in Academic Subjects' under Class-ll of the Service shall be filled by direct recruitment and out of this, ten percent shall be filled from among the qualified Secondary Grade Teachers and other Teachers with Secondary Grade scale of pay viz. Craft Instructors, Art Masters, Music Teachers, Physical Education Teachers and Pre-Vocational Instructors (Full time) working in Government Higher Secondary Schools, Government High Schools and Higher Secondary Schools, High Schools, Middle Schools and Elementary Schools under the Local Bodies (Municipal Corporation or Municipality or Panchayat Union); and all recognized Aided Managements.
Provided further that fifty percent of the substantive vacancies in category
