IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.01.2026 CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P. No.1430 of 2026 N.Ganesh Kumar Petitioner Vs

1. The Chief Educational Officer Perambalur district

2.The District Educational officer (Secondary), Perambalur, Perambalur District.

3.The Secretary Nehru Higher Secondary School, Eraiyur , Perambalur district Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Certiorarified Mandamus calling for the records pertaining to the order passed by the 2^nd respondent in his proceedings in Mu.Mu.No. 037/ A2/ 2025 dated 5.06.2025 and quash the same and direct the respondents to approve the promotion of the petitioner as a P.G . Assistant with effect from 7.10.2024 with all consequential benefits For Petitioner : Mr.V. Panneer Selvam for M/s.C.S. Associates For Respondents: Ms. Mythreye Chandru Spl. Govt. Pleader

ORDER

This writ petition has been filed seeking quashment of the order passed by the 2^nd respondent in his proceedings in Mu.Mu.No. 037/ A2/ 2025 dated 5.06.2025 and direct the respondents to approve the promotion of the petitioner as a P.G . Assistant with effect from 7.10.2024 with all consequential benefits.

2. Brief facts :

a) It is stated that the petitioner was initially appointed as a Sweeper in the 3^rd respondent private aided school on 20.12.2017, and the said appointment was duly approved by the competent authorities. The petitioner possesses the requisite educational qualifications for appointment to the post of P.G. Assistant (Economics).

b) While so, one post of P.G. Assistant (Economics) fell vacant in the 3^rd respondent school due to the retirement of Tmt. Kowsalya on 30.04.2024. Since the petitioner was the only qualified person available in the school, the management, in accordance with the Tamil Nadu Recognized Private Schools (Regulation) Act and Rules, promoted the petitioner as P.G. Assistant (Economics) on 07.10.2024 and forwarded the proposal for approval to the 2^nd respondent.

c) After exchange of several communications, the 2^nd respondent rejected the proposal on 05.10.2025, citing the Special Rules for Tamil Nadu Higher Secondary Educational Service. Aggrieved by the same, the petitioner has approached this Court by filing this writ petition.

3. Learned counsel for the petitioner submitted that the Special Rules for Tamil Nadu Higher Secondary Educational Service are not applicable to private aided schools, and the service conditions of teaching and non-teaching staff of the 3^rd respondent school are governed exclusively by the Tamil Nadu Recognized Private Schools (Regulation) Act and Rules. He further submitted that under the said Rules, non-teaching staff possessing requisite qualifications are eligible for promotion to teaching posts. The petitioner, though initially appointed as a Sweeper, became fully eligible and was rightly promoted due to the retirement vacancy of P.G. Assistant (Economics).

4. It is the argument of the learned counsel that the 2^nd respondent is not the competent authority to finally decide the issue and the same has to be decided by the 1^st respondent, who is the competent authority and a proposal in such regard has to be forwarded. Therefore, the impugned rejection order dated 05.06.2025 is arbitrary, illegal, and contrary to statutory provisions. On the aforesaid score, he prayed for allowing of this writ petition by setting aside the impugned order dated 05.06.2025 issued by the 2^nd respondent.

5. Learned Special Government Pleader appearing for the respondents did not dispute the factual aspects relating to the petitioner’s initial appointment, qualifications, or the occurrence of vacancy due to retirement of the P.G. Assistant (Economics). However, she contended that the proposal was rejected by the 2^nd respondent on the ground that improper particulars were furnished and by placing reliance on the Special Rules applicable to Higher Secondary Educational Service. Howe