BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date of Reserving the Order Date of Pronouncing the Order

04.11.2025 09.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

W.P.(MD) No.9729 of 2025

and W.M.P.(MD).Nos.7254, 7255, 7256, 12222 & 17961 of 2025

R.Mekala … Petitioner

-vs-

1.The Director of School Education,

College Road, Chennai – 6.

2.The Chief Educational Officer,

Virudhunagar, Virudhunagar District.

3.The District Educational Officer (Secondary),

Sivakasi, Virudhunagar District.

4.The secretary,

T.N.P.M.Marimuthu Nadar Higher Secondary School,

Thalavaipuram – 626 188, Rajapalayam Taluk,

Virudhunagar District. … Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus or any other order or directions in the nature of a Writ to call for the records relating to the impugned paper publication dated 26.03.2025 issued in the Dina Thanthi news daily of the fourth respondent herein quash the same and consequently direct the respondents herein to promote the petitioner as P.G. Assistant (Tamil) in the fourth respondent school with all consequential monetary benefits and pass such further or other suitable order.

For Petitioner : Mr.Pon Ramkumar For Respondents : Mr.N.Satheesh Kumar for RR1 to 3 Additional Government Pleader : Mr.V.Paneerselvam for R4

O R D E R

The above Writ Petition has been filed to quash the impugned paper publication dated 26.03.2025 issued in the Dina Thanthi news daily by the fourth respondent and consequently direct the respondents herein to promote the petitioner as P.G. Assistant (Tamil) in the fourth respondent school with all consequential monetary benefits and pass such further

2. Heard Mr.Pon Ramkumar, learned counsel for the petitioner, Mr.N.Satheesh Kumar, learned Additional Government Pleader appearing on behalf of respondents 1 to 3 and Mr.V.Paneerselvam, learned counsel appearing on behalf of the fourth respondent.

3. Mr.Pon Ramkumar, learned counsel for the petitioner would submit that the petitioner is working as a BT Assistant (Tamil) in the fourth respondent/ Institution which is an aided non-minority institution. He would submit that the petitioner was originally appointed as a Secondary Grade Teacher on 09.01.1989 and after obtaining permission from the fourth respondent the petitioner had completed B.Lit (Tamil) in the year 1997 which has also been entered in the Service Register of the fourth respondent. Thereafter, based upon the oral permission to pursue M.A.(Tamil) from the fourth respondent, the petitioner had also obtained Post Graduate Degree in Tamil during May 2001 and the same has also been entered in the Service Register with the fourth respondent and endorsed by the third respondent. The petitioner had also been conferred with B.Ed.Degree, thereafter, the petitioner was also promoted as B.T. Assistant (Tamil) in the fourth respondent school.

4. He would submit that the petitioner is fully qualified and eligible for promotion to the post of PG Assistant (Tamil) as all other teachers working and eligible to be promoted as PG Assistants had relinquished their right of promotion. An incumbent PG Assistant (Tamil) working in the fourth respondent school had attained the age of superannuation on 31.05.2023. Anticipating the vacancy, the petitioner had made a representation on 19.04.2023 seeking to promote her as PG Assistant in the fourth respondent school. He would further submit that any vacancy that arise in the school in a sanctioned post would have to be first filled up from any of the surplus teachers available by deployment and if no surplus is available, then by promotion of the eligible qualified candidates working in the school and only if there are no candidates available, under either of the mode, the management could resort to fill up the vacancy by way of direct recruitment.

5. Originally, the petitioner was directed to appear before the Expert Committee for interview on 06.01.2024 and the said Expert Committee had