Promotion considerations must adhere to established seniority rules within respective units, as specified under relevant regulatory frameworks.

ORDER

This petition has been filed challenging the impugned orders passed by the 4th respondent on 12.01.2021 and the 6th respondent on 02.04.2015, and seeks a direction to the 6th respondent to consider the petitioner for promotion and appointment to the post of the Head Master of the 6th respondent school, namely Karumalai Aided Middle School with effect from 01.06.2015, and to forward the proposal for approval to the 4th respondent and 5th respondents for necessary approval.

2.The case of the petitioner is that he holds an M.Sc., B.Ed., and is a teacher in Mathematics. He was appointed as a Graduate Teacher in the 6^th respondent School on 08.09.2009 and was approved as a Graduate Mathematics Teacher by the 4^th respondent. The grievance of the petitioner is that he is the senior-most teacher in the 6^th respondent school. However, vide order of the 6^th respondent dated 02.04.2015, the 7^th respondent was promoted and transferred from Government Aided Primary School, Akkamalai to Karumalai Aided Middle School with effect from 01.06.2015, and the same was approved by the 4^th respondent /District Educational officer, Pollachi, vide order dated

12.01.2021. Challenging the same, the present writ petition has been filed.

3.The learned counsel for the petitioner would submit that the petitioner is the senior most teacher in the Government Aided Middle School, Karumalai, whereas the 7^th respondent may be the senior-most person in the Government Aided Elementary School, Akkamalai. However, promotion must be considered only within the respective units in terms of Rule 15(4) of Tamil Nadu Private School Regulation Rules, and the said rule has been violated. Hence, he prayed for appropriate orders.

4.However, the learned Special Government Pleader appearing for the respondents 1 to 5 filed a counter affidavit stating it is a Corporate Management, and they maintain seniority within the Corporate Management. If this is the case, it should be intimated to the respective teachers regarding the seniority maintained by the Corporate Management, which has not been done in the present case. Accordingly, this Court may permit the petitioner to file a detailed representation or appeal before the Joint Director of the Elementary Education (Aided) within a period of two weeks from the date of receipt of a copy of this order. This Court may also direct the Joint Director of the Elementary Education (Aided) to conduct an enquiry involving the petitioner, the 7^th respondent, and the School Management and pass appropriate orders. The petitioner may be permitted to raise all relevant grounds during the enquiry.

5.The learned counsel for the 6^th respondent has no serious objection to the submission made by the learned Special Government Pleader appearing for the respondents 1 to 5.

6.In view of the above, the petitioner is directed to file a detailed representation or appeal before the Joint Director of Elementary Education (Aided), Directorate of Elementary Education, DPI Campus, College Road, Chennai-600 006, within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of such representation, the Joint Director of Elementary Education(Aided) is directed to conduct an enquiry involving the petitioner, the 7^th respondent, and the School Management, and to pass appropriate orders after affording an opportunity of hearing to all parties, including the 7^th respondent and the Corporate Management, within a period of twelve weeks thereafter.

7.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.