Court mandates consideration of petitioners' objections regarding promotion panels within six weeks.

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to consider the objections of the petitioners dated 09.02.2026 to the panel prepared on 05.02.2026 by the 2nd respondent for promotion to the post of Higher Secondary Headmaster as on 1.1.2025 and consequently restrain the respondents from effecting any promotions without considering the objections of the petitioners.

For Petitioner(s): M/s.S.Suneetha For Respondent(s): Mr.P.Balathandayutham Special Government Pleader

ORDER

This petition has been filed directing the respondents herein to consider the objections submitted by the petitioners dated 09.02.2026 to the panel prepared on 05.02.2026 by the 2nd respondent for promotion to the post of Higher Secondary Headmaster as on 1.1.2025, and consequently to restrain the respondents from effecting any promotions without considering the objections of the petitioners.

2.The case of the petitioners is that the petitioners 1 & 2 were appointed as Secondary Grade Teachers and were subsequently promoted as BT Assistants, (P.G) and thereafter, as High School Headmasters. The petitioners 3 to 5 were appointed as B.T Assistant (PG) and later promoted as High School Headmaster. Under Adi Dravidar Welfare Department, there are about 1138 schools, including Elementary High and Higher Secondary Schools. The teaching posts in the Department include Secondary Grade Teachers/ Warden, B.T Assistant / Warden, Assistant Elementary Educational Officers, Middle School Headmasters, PG Assistants, High School Headmaster and Higher Secondary Headmasters and Elementary School Headmaster. The Department is not divided into two separate units for Elementary and High Schools. There is only one Directorate under the control of the 2^nd respondent, the Commissioner and all schools functions as s single unit. An individual promoted as P.G Assistant is eligible for further promotion to the post of Higher Secondary Headmaster. For the post of High School Headmaster, the feeder category is School Assistant / B.T Assistant. Under Section 12 f the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, a person appointed to another service is entitled to be considered for promotion in the original service by reckoning seniority in the regular line of appointment. Hence, the petitioner is eligible to be considered for promotion to the post of High School Headmaster by reckoning his seniority as B.T Assistant, even if he is presently holding the post of P.G Assistant.

2.1. The service rules governing the teachers in Government Schools are distinct from those applicable to teachers in Adi Dravidar Welfare Schools. In the respondent Department, there is only one unified Directorate. However, in Government Schools, the administration is divided between the Directorate of Elementary Education and Directorate of School Education. Under the peculiar circumstances prevailing in the School Education Department with respect to Government Schools, the Hon’ble Division Bench held that a B.T Assistant, upon being appointed as PG Assistant cannot be considered for appointment to the post of High School Headmaster. In the present case, when the panel as on 1.1.2025 was prepared, the respondents did not consider the names of the petitioners on the ground that they were holding the post of P.G Assistant, relying upon the judgment of the Hon’ble Division Bench in W.A (MD) No.1468 of 2017 and consequently excluded their names from the panel. It is the specific case of the petitioners that the said judgment has no application to the respondent Department. There is no litigation pending nor any order of the Hon’ble Court restraining consideration of the petitioners’ names. The petitioners have submitted a deta