ORDER

The present Writ Petition has been filed challenging the impugned rejection order passed by 2^nd respondent vide proceedings dated 23.09.2023.

2.Heard the learned Senior Counsel for the petitioner and the learned Government Advocate appearing for the respondents.

3.It is the contention of the petitioner that he is the Middle School Headmaster in Kadaganatham School. Whereas, he participated in the Transfer Counselling and applied for transfer to the Panchayat Union Middle School, Anniyalam. In spite of the fact that his Seniors did not participate in the Counselling, instead of transferring the petitioner to Anniyalam School, has erroneously rejected on the premise that the petitioner did not qualify in Telugu.

4.The learned Senior Counsel would submit that the School though originally a Telugu School, later on by virtue of the orders of the Government has converted into English and Tamil Medium School and this petitioner, who is competent to teach both Tamil and English, could be considered for the post. Therefore, it is the contention of the learned Senior Counsel that the rejection order is erroneous. The learned Senior Counsel would further submit that one Gracy Victoria, who was the Headmaster in Tamil Medium School was considered for the post of Headmaster in Telugu Medium School. Therefore, there is a discrimination to this petitioner. Hence, prayed to allow this writ petition.

5.The said contention was stoutly objected by the learned Government Advocate and would submit that the originally the Anniyalam School was a primary school and was started in the year of 1956 for purely Telugu medium for the classes 1 to 5 and the school was upgraded as a Middle School on 19.06.1961 for the classes 6 to 8. Even for the classes 6 to 8, it was purely a Telugu Medium. Recently, this bilingual school having Tamil and Telugu languages, on the request of the parents, has also started English Medium School since 2013. However, the Middle School Sections viz., 6 to 8 are purely a Telugu Medium. Therefore, as per Rule 5 of the Tamil Nadu Elementary Education Subordinate Service Rules, the vacancy in the post of Headmaster/Headmistress in a Middle or Primary School, especially provided for linguistic minority shall be filled up by transfer of any member of the same grade, who is in possession of the respective language qualification and who may be employed at the time of the vacancy. Therefore, would contend that the petitioner is not entitled for transfer to the Anniyalam School. Hence, prayed to dismiss the present writ petition.

6.I have given my anxious consideration to either side submissions.

7.While looking into the factual position, admittedly, the petitioner did not possess the qualification in Telugu. Even according to the submissions of the learned Senior Counsel, Anniyalam school was originally a Telugu Medium school and that the petitioner seeks transfer on account of the fact that subsequently, the school was converted into English Medium School and that this petitioner can teach English as well as Tamil. The learned Government Advocate would draw the attention of this Court that, though during 2013, they had one Section for English Medium, the Middle School Section viz., classes 6 to 8 is purely a Telugu Medium School. In such view of the position, unless a Telugu qualified person is appointed as a Headmaster, it would become difficult to teach the students.

8.For ready reference, Rule 5 of the Tamil Nadu Elementary Educational Subordinate Service Rules is extracted hereunder:-

“5.Appointments in Institutions for minority Languages:- A vacancy in the post of Headmaster/Headmistress in a middle or Primary school, especially provided for linguistic minority shall be filled up by transfer of any member of the same grade who is in possession of the respective language qualification and who may be employed at the time of the vacancy in an institution not specially provided for linguistic minority. When such transfer is not possible,