The 2% reservation quota for ministerial staff recruitment by transfer in the Education Department is subject to the specific percentage breakdown (promotional, total substantive, or direct recruitment) as dictated by the applicable Special Rules effective during the respective historical periods of the vacancies.

O R D E R

1.The Writ petitions in W.P.(MD) Nos. 23881 and 24323 of 2025 have been filed to quash the impugned proceedings of the 3^rd respondent in Na.Ka.No. 17393/C2/E2/2024 dated 11.08.2025 and further direct the respondents to prepare and publish a proper year-wise panel from 2007-2008 onwards for filling up of the 2% reservation quota earmarked for Ministerial staff under the Special Rules framed under article 309 of the Constitution of India, by filling up all the backlog vacancies of 737 posts (517 B.T. Assistants and 220 P.G. Assistants) strictly in accordance with seniority and eligibility by including the names of the petitioners, and appoint them as BT assistants with all consequential monetary and service benefits by considering the representation of the petitioners dated 24.08.2025.

2. The Writ Petitions in W.P.(MD) No. 24108 and 24645 of 2025 have been filed to quash the impugned proceedings of the 3^rd respondent in Na.Ka.No. 36667/W3/E2/2024 dated 13.08.2025 and further direct the respondents to prepare and publish a proper year-wise panel from 2007-2008 onwards for filling up of the 2% reservation quota earmarked for Ministerial staff under the Special Rules framed under article 309 of the Constitution of India, by filling up all the backlog vacancies of 737 posts (517 B.T. Assistants and 220 P.G. Assistants) strictly in accordance with seniority and eligibility by including the names of the petitioners, and appoint them as PG assistants with all consequential monetary and service benefits.

3. Heard Mr.V.R.Shanmuganathan, the learned counsel appearing for the petitioners and Mr.N.Satheesh Kumar, the learned Additional Government Pleader appearing on behalf of the respondents.

4. Mr.V.R.Shanmuganathan learned counsel for the petitioner would submit that the petitioners have joined the services as ministerial staff in the Education Department as Junior Assistant and Typist. As there was no promotional avenue for the ministerial staffs under the Education Department, the Government had issued orders in G.O.(Ms).No.175, School Education Department dated 19.07.2007 creating 2% promotional avenue as recruitment through transfer in the vacancies in the post of BT Assistant/ graduate teachers. Similar Government orders were issued in G.O.(4D).No.21, School Education Department dated 02.11.2011 for the vacancies in the post of PG Assistants. However, the said Government orders were kept in abeyance by G.O.(2D).No.53, School Education Department dated 27.08.2014 until the Special Rules operating the field were appropriately amended. Under G.O.(Ms).No.7, dated 20.01.2020, 2% of the 50% vacancies earmarked for promotion was to be made through recruitment by transfer from among the ministerial staffs working in the School Education Department provided that they were qualified, by way of an amendment to the Tamil Nadu School Education Subordinate Service Rules which govern the post of BT Assistant. Under the Government order in G.O.(Ms).No.212 dated 22.11.2019, similarly by making amendments to the Tamil Nadu Higher Secondary Educational Services 2% reservation was made to the post of PG Assistants. By a further Government orders in G.O.(Ms).No.13 dated 30.01.2020 and G.O.(Ms).No.14, dated 30.01.2020, new Rules were framed for both Tamil Nadu School Educational Subordinate Services and Tamil Nadu Higher Secondary Education Service Rules by superseding the respective existing Rules.

5. He would submit that in resp