L.S.Churchil Chinnaiah v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON: 19.03.2025 DELIVERED ON: 21.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P. Nos.9011 and 32351 of 2022 W.P. Nos.903 & 9023 of 2023 and W.P. Nos.16897, 25645 and 32612 of 2024 and W.M.P. Nos.8816 & 8817 of 2022 W.M.P. No.31741 of 2022 W.M.P. No.881 of 2023 W.M.P. No.9154 of 2023 W.M.P. No.18590 of 2024 W.M.P. No.28010 of 2024 W.P.No.9011 of 2022:
1.
L.S. Churchil Chinnaiah 2.
M. Selvarajan 3.
P. Nagalakshmi 4.
R. Megala 5.
M. Kavitha 6.
E. Shakunthala 7.
S. Saraswathi 8.
D. Vijayalakshmi 9.
R. Hemavathi 10.
P. Venkatesan 11.
R. Saravanan 12.
V. Thenmozhi 13.
K. Ramar 14.
J. Seyed Mohudoom Beevi 15.
K. Sutha 16.
V. Kohilavani 17.
B. Dhandapani 18.
V. Murugalakshmi 19.
P. Mariammal Paramasivan 20.
G. Gnanaprathayini 1/50
21.
S. Sumathi 22.
M. Nalini 23.
P. Magheshwari 24.
R. Padmavathy 25.
S. Priyanka 26.
R. Aruna 27.
K. Parimala 28.
N. Thambuswamy 29.
G. Mathavaraj 30.
J.P. Ravi 31.
S. Preetha 32.
K. Sulochana 33.
M. Thangadurai 34.
A. Amutha 35.
R. Anbu 36.
M. Janaki 37.
N. Usharani 38.
R.K. Merlin Rajini 39.
N. Deepa 40.
K.C. Janani 41.
K. Muppidathi @ Selvarani 42.
S. Uma Maheswari 43.
M. Ganesan 44.
K. Gayathri 45.
M. Subramani 46.
G. Rosita Rexalin 47.
V. Kavitha 48.
T. Anandhi 49.
J. Indumathi 50.
A. Rameshkumar 51.
G. Vinoth Kumar 52.
N. Vijayamala 53.
M. Subramani 54.
J.R. Srinivasan 55.
A. Muthuameena 56.
K. Udhayakumar 57.
S. Soundararajan 58.
P.S. Thyagarajan 59.
A. Nirmala 60.
K. Jayaguru 61.
S. Michel 62.
T. Ganesan 63.
V. Buvaneshwari 2/50
64.
P. Krishna Poongothai 65.
T. Livingta 66.
R. Umagowri 67.
A. Raju 68.
B. Raveendiran 69.
P.G. Saranbabu 70.
V. Anitha 71.
D. Radha 72.
S. Deepa 73.
P. Kokila 74.
S. Malarselvi 75.
K. Sekar 76.
P. Anbarasu 77.
M. Kanagasabapathy 78.
M. Sathiyakeerthi 79.
A. Kasinathan 80.
H. Mohamedumar 81.
M. Pragadeeswaran 82.
C. Thaiyalnayaki 83.
K. Conceilia 84.
C. Vijayalakshmi 85.
S. Amutha Rajeswari 86.
N. Venkatalakshmi 87.
N. Somasundaram 88.
R. Jayabarathi 89.
B. Jaya Sutha 90.
G. Kalpana 91.
V. Kanagaraj 92.
T. Murugesan 93.
C.S. Thirunavukkarasu 94.
B. Mariarosalin 95.
M. Karthika 96.
D. Jeyaraj 97.
U. Marishabegaum 98.
S. Barani 99.
S. Nishanthi 100.
M. Boomah Devi 101.
P. Senthilkumar 102.
K. Arunnehru 103.
V. Kalaiselvan 104.
C. Maruthuraj 105.
S. Sivagami 106.
K. Shabina Banu 3/50
107.
T. Geetha 108.
A. Saravanakumar 109.
J. Sebastin Anbu Raj 110.
S. Silambuselvi 111.
D. Chitra 112.
S. Sathiya 113.
S. Balamurugan 114.
C. Thambidurai 115.
P. Rajini 116.
A. Mohamed Appas 117.
P. Srividhya 118.
G. Umamaheswari 119.
M. Kalaiyarasi 120.
U. Arulanandham 121.
M. Muthukrishnan 122.
M. Shanbagavalli 123.
S. Uthirapathi 124.
N. Purushothaman 125.
G. Raja 126.
R. Gowri 127.
L. Balaji 128.
P. Rajkumar 129.
K. Maheswari 130.
K. Sudhamathi 131.
P. Kavitha 132.
R. Tamilarasi 133.
P. Prema 134.
R. Manikandan 135.
A. Bharathi Lakshmi 136.
J. Dhanalakshmi 137.
L. Rajalakshmi 138.
T. Anbahagan 139.
R. Vetriselvan 140.
A. Ezhilarasi 141.
P. Ramalakshmi 142.
V. Navaneeth 143.
K. Gowri 144.
R. Mahesh 145.
S. Jareen Banu 146.
K. Kannan 147.
N. Prema 148.
S. Sumathi 149.
R. Sangeetha 4/50
150.
A. Gnana Rosy 151.
K. Menaka 152.
R. Selvakumar 153.
G. Lakshmi 154.
M. Arulmozhi 155.
R. Saranraj 156.
S. Suseela 157.
R. Govindarasu 158.
V. Malarvizhi 159.
N. Jayanthi 160.
M. Kalpana 161.
T. Nithya 162.
P. Sumathi 163.
A. Pushparaju 164.
S. Syed Yusuff 165.
K.R. Ganesan 166.
R. Selvamani 167.
P. Thangamani 168.
P. Rajkumar 169.
P. Tharani 170.
K. Jegatheeswari 171.
N. Senthilkumar 172.
B. Meenasaranya 173.
A. Usha 174.
G. Sangareswari 175.
N. Veerasamy 176.
S. Kamalasridevi 177.
R. Tamil Selvi 178.
B. Esakkimuthu 179.
D.M. Rama 180.
R. Shrijayanthi 181.
K. Kalaivani 182.
T. Ganga Parameswari 183.
M. Brammasakthi 184.
S. Amuthalakshmi 185.
L. Raveendra Kumar 186.
P. Kalaichelvi 187.
M. Krishna Moorthy 188.
R. Selvaraj 189.
S. Jothi 190.
S. Rathivinaisha 191.
P. Kuppuraj 192.
K. Senthil Sevugapandian Petitioners 5/50
vs.
1.
The State of Tamil Nadu represented by Principal Secretary to Government School Education Department Fort St. George Chennai 600 009 2.
The Commissioner of School Education DPI Campus College Road Chennai 600 006 3.
The Joint Director of School Education (Personnel) (Higher Secondary) DPI Campus College Road Chennai 600 006 Respondents W.P.No.32351 of 2022:
M. Alaudeen Basha Petitioner vs.
1.
The State of Tamil Nadu represented by Principal Secretary to Government School Education Department Fort St. George Chennai 600 009 2.
The Commissioner of School Education DPI Campus College Road Chennai 600 006 3.
The Joint Director of School Education (Personnel) (Higher Secondary Education) Directorate of School Education DPI Campus College Road Chennai 600 006 6/50
4.
The Joint Director of School Education (Personnel) (High School Education) Directorate of School Education DPI Campus College Road Chennai 600 006 5.
J. Prabahar 6.
M. Nagoormeera 7.
V. Tamilarasan 8.
R. Nandhini 9.
D. Kavitha 10.
M. Rathinam 11.
R. Kanagaraj 12.
V. Gopinath 13.
J. Vignesh (RR 5 to 13 impleaded vide order dated 19.03.2025 in W.M.P.No.5662 of 2025) 14.
M. Sangeetha 15.
M. Katthirvel Pandian 16.
S. Siva Sankar 17.
D. Kavitha 18.
M. Shankar 19.
N. Soniya Gandhi 20.
B. Sharmila 7/50
21.
P. Senbagam 22.
A. Aravind 23.
A. Murugalakshmi 24.
S. Thandavan 25.
G. Annadurai 26.
P. Prabhudhevan 27.
K. Silambarasan 28.
I. Arputha Gnana Jeya 29.
S. Gobika 30.
K. Sivasankari 31.
K. Valarmathi 32.
E. Babu 33.
P. Thirunavukkarasu 34.
R. Revathi 35.
S. Elamathy 36.
S. Ismail 37.
S. Shalini 38.
S. Devi 39.
D. Sathiya 40.
K. Vanitha 41.
B. Hemamalini 8/50
42.
M. Ramachandiran 43.
T. Kavitha 44.
B. Silambarasan 45.
Daicy Sucila 46.
R. Elakkiya 47.
P.M. Barathi 48.
N. Suriya 49.
P. Jothimani 50.
A. Palanisamy 51.
A. Nallasivam 52.
S. Geetha 53.
P. Sharmila 54.
S. Prakasam 55.
M. Tamilselvi 56.
G. Manikumar 57.
S. Gomathi 58.
Brinert S. Sweetlin 59.
M. Suganya 60.
S. Martina Jeya Priya 61.
E. Ananthan 62.
N. Udayakumar 63.
Indirakumari 9/50
64.
S. Saravanan 65.
R. Sangeetha 66.
G. Prabu 67.
A. Senthilkumar 68.
M. Bakkiyaraj 69.
S. Reka 70.
G. Krishnaveni 71.
S. Velmurugan 72.
P. Lavanyaa 73.
M. Siva 74.
N. Chinnadurai 75.
K. Chellathambi 76.
A. Paramasivam 77.
R. Parthiban 78.
S. Parimala 79.
V. Veddiyappan 80.
V. Gobinath 81.
B. Vijayapandian 82.
K. Ramesh 83.
P. Kkala 84.
S. Kanagavalli 10/50
85.
M. Priya 86.
R. Syed Ali Fathima 87.
R. Umashankar 88.
P. Prema 89.
G. Sathik Basha 90.
V. Dhanabal 91.
D. Naresh Kumar 92.
G. Murugan 93.
R. Anbarasu 94.
M. Saminathan 95.
N. Gayathri 96.
G. Anbarasan 97.
V. Suguna 98.
G. Sadayan 99.
Leo Paul Raj 100.
N. Deepa 101.
A. Safina Begum 102.
M. Kalaiselvi 103.
M. Rameshkumar 104.
P. Palanivel 105.
A. Padmapriya 106.
B. Kanimozhi 11/50
107.
V. Pazhaniyammal 108.
K. Gowsigan 109.
S. Imamun Sagubar Saathik Ali 110.
K. Sumathi 111.
R. Savithri 112.
K. Kavitha 113.
P. Kavitha 114.
C. Kayalvizhi 115.
S.B. Razia Banu 116.
S. Kumaresan 117.
G. Jeyaabinaya 118.
S. Paranjothi 119.
A. Ananthi 120.
S. Gomathi 121.
S. Aarthi 122.
K. Vedi 123.
C. Theerthagiri 124.
G. Johnson 125.
N. Ravi 126.
Ajitha Jency 127.
G. Palaniyappan 12/50
128.
T. Aruldevi 129.
K. Bharathiraja 130.
M. Bakiymani 131.
V.P.K. Kaleeswari 132.
C.S. Uma Mageshwaari 133.
R. Keerthana 134.
K. Sheela 135.
R. Rajarajan 136.
B. Subha 137.
M. Saminathan 138.
T. Gousalyadevi 139.
R. Revathi 140.
N. Vanitha 141.
A. Poovarasan 142.
S. Sudarmathi 143.
R. Suganya 144.
T. Thilagavathi 145.
B. Manimaran 146.
V. Banumathi 147.
L. Krishnan 148.
K. Indumathy 149.
A. Prameela 13/50
150.
S. Rajeshwari 151.
S. Sujatha 152.
M. Saranya 153.
M.S. Bhanu 154.
N. Elangovan 155.
A. Vimala 156.
C. Sudhahar 157.
M. Seenuvasan 158.
J. Rajkumar 159.
J. Lokeshwaran 160.
S. Clara Gnana Sundari 161.
D. Devarajan 162.
M. Shanmugam 163.
K. Sudha 164.
B. Kanimozhi 165.
D. Kavitha 166.
B. Rathika 167.
Abisega 168.
G. Umamaheswari 169.
P. Shakunthala Respondents (RR 14 to 169 impleaded vide order dated 19.03.2025 in W.M.P.No.8688 of 2025) 14/50
W.P.No.903 of 2023:
A. Yamuna Petitioner vs.
1.
The State of Tamil Nadu represented by Principal Secretary to Government School Education Department Fort St. George Chennai 600 009 2.
The Commissioner of School Education DPI Campus College Road Chennai 600 006 3.
The Joint Director of School Education (Personnel) (Higher Secondary Education) Directorate of School Education DPI Campus College Road Chennai 600 006 4.
The Joint Director of School Education (Personnel) (High School Education) Directorate of School Education DPI Campus College Road Chennai 600 006 Respondents W.P.No.9023 of 2023:
K. Balaji Petitioner vs.
1.
The State of Tamil Nadu represented by Principal Secretary to Government School Education Department Fort St. George Chennai 600 009 2.
The Commissioner of School Education DPI Campus College Road Chennai 600 006 15/50
3.
The Joint Director of School Education (Personnel) (Higher Secondary) Directorate of School Education DPI Campus College Road Chennai 600 006 4.
The Joint Director (Personnel) Directorate of School Education DPI Campus College Road Chennai 600 006 Respondents W.P.No.16897 of 2024:
1.
S. Barani 2.
S. Nishanthi 3.
R. Saravanan 4.
R.Balaji 5.
C. Thaiyal Nayaki 6.
P.S. Thiyagarajan 7.
R.K. Merlin Rajini 8.
R. Uma Gowri 9.
S. Jothi 10.
S. Meenakshi 11.
N. Deepa 12.
M. Karthika Petitioners vs.
1.
State of Tamil Nadu represented by its Principal Secretary to Government School Education Department Fort St. George Secretariat Chennai 600 009 2.
The Director of School Education DPI Campus College Road Chennai 600 006 16/50
3.
The Member Secretary Teachers Recruitment Board DPI Campus College Road Chennai 600 006 Respondents W.P.No.25645 of 2024:
1.
M. Selvarajan 2.
E. Vijayaraj 3.
P. Mageshwari 4.
G. Jayanthi 5.
S. Malarselvi Petitioners vs.
1.
The State of Tamil Nadu represented by its Principal Secretary to Government School Education Department Fort St. George Chennai 600 009 2.
The Director Directorate of School Education DPI Campus College Road Chennai 600 006 3.
The Joint Director of School Education (Higher Secondary) Directorate of School Education DPI Campus College Road Chennai 600 006 4.
The Joint Director (Personnel) Directorate of School Education DPI Campus, College Road, Chennai 600 006 5.
Teachers Recruitment Board (TRB) represented by its Member Secretary IV Floor, DPI Campus College Road Chennai 600 006 Respondents 17/50
W.P.No.32612 of 2024:
1.
M. Thangadurai 2.
M. Ramya 3.
K. Maheswari 4.
K. Umadevi Petitioners vs.
1.
The State of Tamil Nadu represented by its Principal Secretary to Government School Education Department Fort St. George Chennai 600 009 2.
The Director of School Education DPI Campus College Road Chennai 600 006 3.
The Teachers Recruitment Board represented by its Secretary IV Floor DPI Campus College Road Chennai 600 006 Respondents Prayer in W.P.No.9011 of 2022:
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the Respondents to reserve 361 posts of PG Assistants coming under the Tamil Nadu Educational Subordinate Service and 800 posts of BT Assistants coming under the Tamil Nadu Elementary Educational Subordinate Service constituting 2% of the vacancies in the post of PG Assistants and BT Assistants for appointment by recruitment by transfer from among Superintendent, Assistants and Junior Assistants who are working in the Tamil Nadu Ministerial Service in School Education Department as 18/50
per the amendment to the Special Rules to the Tamil Nadu Higher Education Service introduced by G.O.Ms.No.14, School Education (SE2(1)) Department dated 30.01.2020 and G.O.Ms.No.12, School Education (EE1(1)) Department dated 30.01.2020 by releasing a yearwise panel for backlog vacancies and call the staff from Tamil Nadu Ministerial Service for counselling for filling up the said vacancies in the post of P.G. Assistants and B.T. Assistants. Prayer in W.P.No.32351 of 2022:
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the Respondents 2 to 4 to call the petitioner who is working in the Tamil Nadu Ministerial Service as Assistant for counselling and appoint the petitioner to the post of Post Graduate Assistant coming under the Tamil Nadu Educational Subordinate Service out of the 2% of the vacancies in the post of Post Graduate Assistants by recruitment by transfer as per the amendment to the Special Rules to the Tamil Nadu Higher Education Service introduced by G.O.Ms.No.14, School Education (SE2(1)) Department dated 30.01.2020 and G.O.Ms.No.12, School Education (EE1(1)) Department dated 30.01.2020 issued by the first respondent. W.P.No.903 of 2023:
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 2 to 4 to call the petitioner who is working in the Tamil Nadu Ministerial Service as Junior Assistant for counselling and appoint the petitioner to the post of Computer Instructor Grade I coming under the Tamil Nadu Educational Subordinate Service out of the 2% of the vacancies in the 19/50
post of Computer Instructor Grade - I by recruitment by transfer as per the amendment to the Special Rules to the Tamil Nadu Higher Education Service introduced by G.O.Ms.No.14, School Education (SE2(1)) Department dated 30.01.2020 and G.O.Ms.No.12, School Education (EE1(1)) Department dated 30.01.2020 issued by the first respondent.
Prayer in W.P.No.9023 of 2023:
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the third respondent to amend the proceedings having Ref. No.13006/W2/E1/2023 dated 14.03.2023 by ensuring that the list of staff in the Tamil Nadu Ministerial Service eligible for promotion as Post Graduate Assistants are also sent to the third respondent for being appointed as Post Graduate Assistants against the 361 posts of Post Graduate Assistants pending to be filled up by the staff in the Tamil Nadu Ministerial Service as per G.O.Ms.No.21, School Education (Me.Ni.Ka.2) Department dated 02.11.2011 under which 2% of the substantive vacancies in the post of Post Graduate Assistants have to be filled up with eligible candidates from Ministerial Service (Superintendents, Assistants/Steno Typists and Junior Assistants/Typists).
Prayer in W.P.No.16897 of 2024:
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus forbearing the respondents from making direct recruitment to the Post of Graduate Teacher (Subjects) pursuant to Notification No.03/2023 dated 25.10.2023 followed by Addendum 20/50
Notification No.03A/2023 dated 15.11.2023 and another Addendum Notification No. 03B/2023 dated 17.05.2024 issued by the 3rd respondent or by promotion without compliance of statutory requirements of filling up of 2% vacancies earmarked for eligible persons in Ministerial Service in School Education Department by recruitment by transfer to the Post of B.T. Assistant in accordance with Special Rules for Tamil Nadu School Education Subordinate Service with service protection based on year-wise panel from the panel year 2014 in consideration of representation submitted by the petitioner within a time frame.
W.P.No.25645 of 2024:
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to prepare panel in respect of 2% vacancies reserved for non-teaching staff in School Education Department from the year 2014 in accordance with G.O.Ms. No.175 School Education (M2) Department dated 19.07.2007 and Special Rules for Tamil Nadu School Education Subordinate service including for the panel year 2020-21 by taking into account that it is with retrospective effect from 19.07.
2007 by preparing the number of vacancies for each year from the year 2011 for the purpose of filling up 2% of the vacancies in the post of BT Assistants by recruitment by transfer from amongst the qualified non-teaching staff and accordingly, call for the names of the petitioners and grant them with appointment to the post of BT Assistants first, before resorting to fill up the vacancies in the post of BT Assistants through direct recruitment pursuant to the notification no.3/2023 dated 25.10.2023 direct recruitment of Graduate Teacher/Block Resource Teacher Educators (BRTE)-2023 issued by Teachers Recruitment Board.
W.P.No.32612 of 2024:
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to implement Rule 2 dealing with Appointment to the post of Graduate Teacher under the category of recruitment by transfer under the Special Rules for the Tamil Nadu School Educational Subordinate Service issued vide GO Ms. No. 13 School Education (S.E.3 (1) dated 30.01.2020 and to appoint the petitioners on recruitment by transfer from Tamil Nadu Ministerial Service for the vacancies which have arisen from the year 2007 onwards till date without recourse to any competitive examination but on the basis of seniority and eligibility of having passed the Teachers Eligibility Test.
For petitioners in W.P.Nos.903 and 9023 of 2023 and 32351/2022 Mrs. Nalini Chidambaram Sr. Counsel for Mrs. C. Uma For petitioners in W.P.No.16897/2024 Mr. G. Sankaran, Sr. Counsel for Mr. S. Nedunchezhiyan For petitioners in W.P.No.25645 2024 Mr. R. Rajarajan For petitioners in W.P.Nos.32612 of 2024 and 9011 of 2022 Mrs. Kavitha Rameshwar For RR 1 to 4 in W.P.Nos.25645 of 2024, 32351 of 2022, 903 and 9023 of 2023 and for RR 1 & 2 in W.P.Nos.16897 of 2024 and 32612 of 2024 and all respondents in W.P.No.9011 of 2022 Mr. P.S. Raman, Adv. General assisted by Mrs. S. Mythreye Chandru Spl. Govt. Pleader (Education) For R3 in W.P.Nos.16897 of 2024 and 32612 of 2024 and R5 in W.P.
No.25645 of 2024 Mr. R. Neelakandan Additional Advocate General assisted by Mr. C. Kathiravan Standing Counsel For RR 5 to 169 in W.P.No.32351 of Mrs. G. Selvi George 22/50
COMMON ORDER The issue involved in all these writ petitions pertains to filling up of 2% vacancies that are meant for the Ministerial staff (non-teaching staff) as per the Special Rules for the Tamil Nadu School Educational Subordinate Service, to the post of B.T. Assistant and P.G. Assistant from the year 2007-2008 to 2024-2025.
2.
The petitioners in W.P.No.16897 of 2024 are claiming for the 2% vacancies to the post of B.T. Assistants. The petitioners in W.P.No.9011 of 2022 cover the aspirants for both B.T. Assistants and P.G. Assistants. The petitioners in W.P.No.32612 of 2024 are aspirants for B.T. Assistant post. The petitioners in W.P.No.32351 of 2022, 903 of 2023 and 9023 of 2023 are aspirants for the post of P.G. Assistant. The petitioners in W.P.No.25645 of 2024 are aspirants to the post of B.T. Assistant.
3.
The common grievance that was expressed by all the petitioners is that right from the year 2014-2015 onwards, not even on a single occasion, the 2% reservation that was earmarked for eligible persons in the Ministerial service in the School Education Department was filled up. While so, a notification dated 25.10.2023 followed by an addendum dated 15.11.2023 and another addendum dated 23/50
17.05.2024 came to be issued by the Teachers Recruitment Board for filling up of vacancies to the post of Graduate Teachers /Block Resource Teacher Educators (BRTE) through direct recruitment. While undertaking this exercise, an attempt was made to fill up all the vacancies through direct recruitment without considering the entitlement of the petitioners under the 2% reservation earmarked for Ministerial staff. The further grievance expressed by the petitioners is that earlier, writ petitions were filed before this Court in W.P.Nos.4756 of 2021, 10188 of 2021 and 14928 of 2021 seeking preparation of a panel in respect of 2% vacancies reserved for Ministerial staff in the School Education Department for promotion to the post of B.T. Assistant and P.G. Assistant.
All these writ petitions were allowed/disposed of by three separate orders, all dated 23.07.2024, and directions were given to ascertain the number of vacancies filled up since 2007 by way of promotion and to fill up the available vacancies till 2020. This direction was also not complied with by the respondents and instead, they went ahead with the process of direct recruitment to fill up the vacancies in the post of B.T. Assistant/Graduate Teacher.
4.
When these writ petitions came up for hearing on 01.10.2024, the following order was passed by this Court: 24/50
"Pursuant to the earlier order passed on 26.09.2024, the matter was posted for hearing today.
2.
The counter affidavit has been filed by the 2 nd respondent. It is seen from the counter affidavit that from the year 2014-15, the number of posts earmarked for 2% promotion for ministerial staffs works out to 130 posts up to 2024-25. This is for promotion to the post of Graduate Teacher/B.T. Assistant. On going through the counter, it is seen that the respondents have now decided to await for the final orders in the pending Special Leave Petition before the Apex Court filed against the order passed by the Division Bench in W.A.No.313 of 2022 batch dated 02.06.2023. That apart, it is also mentioned in the counter that steps are being taken to file writ appeal against the orders passed in W.P.Nos.4756 of 2021, 10712 of 2021 and 10188 of 2021.
3.
Even during the previous hearing, this Court found that it will be unreasonable not to consider the claim made by the petitioners and others falling under 2% category and to permit the respondents to proceed further to fill up the post through direct recruitment. This issue has been lingering for quite a long time and in the case of the petitioners, they all are TET qualified. Therefore, the pending Special Leave Petition will have no bearing insofar as the relief sought for by the petitioners. This Court has already directed the respondents not to fill up the vacancies in the post of B.T. Assistants. Considering the larger ramification involved, the learned Special Government Pleader submitted that the opinion has been sought for from the learned Advocate General and that steps are being taken to engage the learned Advocate General in this case. 4.
In the light of the above, post these writ petitions at the end of the motion list on 17.10.2024. In the meantime, interim order passed by this Court on 26.09.2024 shall continue."
5.
The matter was once again listed for hearing on 23.10.2024 and the following order came to be passed by this Court: "Pursuant to the earlier order passed by this Court on 18.10.2024, these writ petitions were listed for hearing today. 2.The learned Advocate General handed over the affidavit of the 2nd respondent. The relevant portions are extracted hereunder:
25/50
"8. It is further submitted that due to gradual steep decrease in the students' strength, the surplus teachers were being identified year to year and the deployments of surplus teachers to the needy schools were carried out by way of state wide counselling, for the period from the year 2017-2018 to 2021-2022. Since the surplus teachers, so deployed were more than the available vacancies, there was no need to prepare estimate of vacancy for the post of Graduate teachers from 2017-2018 to 2022-2023. The details of surplus teachers, having been deployed so, are tabulated in TABLE-2 herein below:
9. It is further submitted that subsequently, due to increase in students' strength, when the estimate vacancy for the year 2023-24 and 2024-25 was issued, there are 2162 and 975 estimated vacancies in BT Assistants' posts respectively, earmarked for promotion. However, the said vacancies could not be filled up by way of promotion for wantage of Teacher Eligibility Test as per the orders of the Division Bench of this Hon'ble Court dated 02.06.2023 made in W.A.No.313 of 2022, etc., batch.
10. It is further submitted that the details of vacancies filled up by way of promotion up to the year 2016-2017 and the 2% vacancies earmarked for 2% reservation for ministerial staff is tabulated in Table-3 herein below:- 26/50
11. It is further respectfully submitted that while the facts being so, Writ Petitions were filed in W.P.No.4756 of 2021, W.P.No. 10712 of 2021 and W.P.No. 10188 of 2021 before this Hon'ble Court, praying for issuance of a Writ of Certiorarifed Mandamus, to call for the records relating to the impugned proceedings issued by the second respondent in Na Ka. No. 055712/C3/E2/2021 dated. 10.02.2021 and to quash the same and consequently directing the respondents to prepare the panel in respect of 2% Vacancies reserved for Non-Teaching Staff in School Education Department from the year 2014 in accordance with G.O. (Ms) No. 175 School Education (M2) Department dated. 19.07.2007 and Special Rules for Tamil Nadu School Education Subordinate Service including for the panel year 2020-21, before finalizing the panel for promotion to the post of B.T.Assistant from the category of Secondary Grade 27/50
Teacher. The Hon'ble High Court passed the following orders on 23.07.2024 in the above writ petitions:
"12. The respondents are further directed to ascertain the number of vacancies filled up since 19/07/2007 to the posts of School Assistant - Graduate Teacher by way of promotion and ascertain 2% of such posts. and fill up the said 2% posts by considering the Ministerial staff working in School Education Department by way of appointment by transfer in accordance with G.O.Ms. No. 7 School Education Department dated 20/01/2020 till 29/01/2020 and thereafter to consider the claims of the said Ministerial staff for appointment by transfer to the posts of Graduate Teacher in terms of G.O.Ms. No. 13 School Education (SE3(1) Department dated 30/01/2020. The respondents are further directed to complete the entire exercise as directed above as expeditiously as possible at any rate within a period of three months from the date of receipt of a copy of this order.
13. It is made clear that the petitioner and other Ministerial staff working in the School Education Department and claiming appointments by transfer to the posts of Graduate Teacher/School Assistants. Shall be subject to their satisfying the qualification criteria prescribed for the respective posts."
12. It is further submitted that the Division Bench of this Hon'ble Court in in W.P.No. 18789/2022 dated 11.01.2024 in the matter of the ministerial staff sought to be appointed as Post Graduate Assistants under 2% reservation quota, have observed as follows:
"14. It is pertinent to note that appointment by transfer is usually made in the same service or different service but usually in the same rank or status. But when the transfer is made from lower to higher posts not by promotion but by direct appointment without any examination or any similar criteria but merely on the basis of eligibility and qualification it cannot be permitted as the same would not be inconsonance with service discipline. When for the very same post, the direct recruits under 10% reservation category are subjected to a selection process a different yardstick for recruitment by Transfer of Service merely on the ground of different method of recruitment cannot be countenanced. It is further relevant to point out here that as rightly contended by the petitioner the Ministerial staff who are appointed as P.G. Assistant under the 2% reservation earmarked for them have absolutely no 28/50
teaching experience. Therefore it defies logic to subject a teacher who has number of years of teaching experience to a selection process conducted by TRB, but at the same time dispensing the same for Ministerial staff who have absolutely no teaching experience. We find force in the submission of the petitioner in this regard. Though the respondent in its counter submitted that if the petitioner's claim is accepted, it would unsettle settled issues, in the absence of any particulars in support of the claim we are not inclined to accept it."
13. It is respectfully submitted that as observed above by the Hon'ble Division Bench of Madras High Court, the Government has deemed it fit and proposed to conduct a competitive examination for the eligible ministerial staff under 2% reservation among themselves, so as to enable them for being promoted as BT Assistants in order to ensure the academic excellence of the students in the Government Schools. Hence, for the above said purpose, the Special Rules for the Tamil Nadu School Educational Subordinate Service, need to be amended suitably. For the completion of the said amendment process, some more time is required.
Under these circumstances it is therefore most humbly prayed that this Hon'ble Court may be pleased to accept the Affidavit filed by the respondents and grant 3 (Three) months' time for making suitable amendments to the Special Rules for the Tamil Nadu School Educational Subordinate Service, and pass such other orders as this Hon'ble court deems fit in the circumstances of the case and thus render justice." 3.The learned Advocate General submitted that the recruitment process will be kept in abeyance till the Special Rules are amended suitably to enable the petitioners and similarly placed persons to be considered under the 2% reservation.
4.The learned Senior Counsel/Counsel appearing on behalf of the petitioners submitted that they want to file a reply to this Counter.
5.Post these writ petitions at the end of the motion list on 29.10.2024."
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6.
The cases were again listed for hearing on 29.10.2024 and the following order was passed by this Court: "Pursuant to the earlier order passed by this Court on 23.10.2024, the matter was listed for hearing today. A detailed reply affidavit has been filed in WP No.25645 of 2024 along with the relevant documents which has been filed as Additional typed set of papers. The learned Senior Counsel / learned counsel appearing on behalf of the petitioners also questioned the decision taken by the respondents to amend the Special Rules and also to conduct a competitive examination as between those persons, who fall under the 2% reservation.
2. A larger issue is involved in the present batch of writ petitions and the respondents will have to necessarily clarify the stand that has now been taken in the reply affidavit filed today, since the number that was provided during the previous hearing and number that has now been stated in the reply affidavit is a complete mismatch. Hence, the recruitment process shall be kept in abeyance until further orders are passed in these writ petitions.
3. The learned Senior counsel / learned counsel appearing on behalf of petitioners and the learned Special Government Pleader appearing on behalf of respondents submitted that these writ petitions can be heard by me since substantial arguments have already been made before this Court. A joint memo shall be placed before My Lord the Hon'ble Chief Justice and necessary administrative order shall be obtained for placing these writ petitions for further hearing before me." 7.
Pursuant to the above order, a Note was placed before the Hon'ble Chief Justice and the Hon'ble Chief Justice, through an administrative order dated 17.02.2025, directed all these writ petitions to be listed before me and accordingly, all these writ petitions were posted before me for hearing.
8.
Heard the learned counsel for the respective parties and perused the materials available on record.
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9.
The State Government issued orders in G.O.Ms.No.175, School Education (M2) Department dated 19.07.2007 and as per this Government Order, 2% of the vacancies in the post of B.T.Assistant/Graduate Teacher was earmarked to be filled up by recruitment by transfer from among the eligible candidates from the Ministerial service in the School Education Department. A similar order was issued in G.O.(4D).No.21, School Education Department dated 02.11.2011 for filling up by recruitment by transfer from among the eligible candidates from the Ministerial service to the post of P.G.Assistant.
10.
Pursuant to the aforesaid two Government Orders, in exercise of powers conferred by proviso to Article 309 of the Constitution of India, Special Rules for the Tamil Nadu School Educational Subordinate Service was issued in G.O.Ms.No.13, School Education Department dated 30.01.2020 for Graduate Teachers. Similarly, G.O.Ms.No.14, School Education Department dated 30.01.2020 was issued for P.G. Assistants. The 2% reservation was stopped from being implemented from the year 2014 - 2015. Representations were made in this regard and since the same were not considered, W.P.No.25137 of 2021 came to be filed and based on the order passed on 25.11.2021, proceedings were issued by the 31/50
Directorate of School Education on 10.02.2022 and 14.02.2022 to the effect that the vacancies are being filled up by deployment of surplus teachers and if any vacancies remain to be filled up, the claim for accommodating 2% vacancy will be considered.
11.
While so, a Division Bench of this Court had an occasion to deal with a batch of cases in W.A. Nos.313 of 2022 etc. batch pertaining to passing Teachers Eligibility Test (TET) for promotion to the post of B.T. Assistant/Graduate Teacher from the cadre of Secondary Grade teacher. While dealing with this issue, the Division Bench, at paragraph 75 of the judgment, made the following observation:
"75.
The narration of facts which propelled this case would indicate that the teachers have not been appointed for the last ten years in spite of being qualified with a pass in TET. On the basis of the above findings and observations made, the State Government is directed to conduct TET periodically and make direct recruitment of teachers and promotion from among TET qualified candidates at the earliest."
12.
It is quite evident from the above judgment that no recruitment process had taken place to fill up the post of B.T.Assistant/Graduate Teacher for nearly ten years from 2013 to 2023. Taking cue from such strong observation made by the Division Bench of this Court, the Government thought it fit to proceed further with the process of direct recruitment of Graduate 32/50
Teachers/B.T.Assistants and accordingly, the notification came to be issued by the Teachers Recruitment Board. However, while undertaking this process, the Government failed to take note of the entitlement of the Ministerial staff for 2% of the vacancies in the post of B.T. Assistants/Graduate Teachers. The earlier separate orders dated 23.07.2024 passed in W.P.Nos.14928 of 2021, 4756 of 2021 and 10188 of 2021 were also not acted upon. The same impelled the petitioners to approach this Court questioning the recruitment notification.
13.
Counter affidavits were filed in these writ petitions. Insofar as B.T. Assistants/Graduate Teachers, two counter affidavits are relevant and they were filed in W.P.No.25645 of 2024. The first counter affidavit was filed on 23.10.2024. Even thereafter, a couple of counter affidavits were filed. The last of the counter affidavits was filed on 14.03.2025. Insofar as the P.G. Assistants, counter affidavit was filed in W.P.No.9011 of 2022.
14.
In the counter affidavit filed on 23.10.2024 in W.P.No.25645 of 2024, particulars were given with respect to the Ministerial staff who were promoted as B.T. Assistants from the years 2007-2014. For the period from 2014-2015 to 2019-2020, 2% 33/50
promotion to the Ministerial staff was not given. It is stated that there was a steep decrease in the student strength and hence, surplus teachers were identified year after year and they were deployed in the needy schools upto 2021-2022. In view of the same, a need did not arise for preparing the estimate of vacancies and as a result, 2% earmarked for Ministerial staff was never worked out. Ultimately, at paragraph 10 of the counter affidavit, a stand has been taken by providing a tabular column to the effect that 220 estimated vacancies arose for the period from 2007-2008 to 2013-2014 and 95 estimated vacancies arose from 2014-2015 to 2024-2025. The earlier orders passed in W.P.Nos.4756 of 2021, 10188 of 2021 and 14928 of 2021 were also taken into consideration. An order dated 11.01.2024 passed by a Division Bench of this Court in W.P.No.18798 of 2020 was also taken into consideration and the Government decided to conduct a competitive examination for the eligible Ministerial staff under 2% reservation so as to enable them for being promoted as B.T. Assistants.
15.
In the counter affidavit filed on 14.03.2025, the following stand was taken at paragraph nos.6 to 9 and the same are extracted hereunder:
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16.
Insofar as the counter affidavit filed in W.P.No.9011 of 2022, the vacancy position towards 2% category was explained in paragraph nos.12 and 13 as follows:
17.
At the time of hearing, the notice of this Court was drawn to G.O.Ms.No.261, School Education Department dated 09.12.2024. By 40/50
virtue of the same, an amendment is sought to be brought into the Special Rules for the Tamil Nadu Higher Secondary Education Service to fill up 2% vacancies in the post of Post Graduate Assistant reserved for the staff of the Tamil Nadu Ministerial Service. 18.
At the time of hearing, learned counsel appearing on behalf of petitioners, submitted that the above Government Order virtually took away the vested rights of those petitioners who are otherwise eligible for being considered for promotion as P.G. Assistants and that the said amendment cannot be given a retrospective effect and at the best, it can only have a prospective effect. 19.
Submissions were also made touching upon different figures being given in each counter affidavit with respect to the 2% vacancies from the year 2007-2008 onwards which was clearly a mismatch from the figures that were available in the website and the same was explained by way of a reply affidavit filed in W.P.No.25645 of 2024. According to the petitioners, for the period from 2007-2022, 2% category comes to a total of 1,808 vacancies and whereas, the respondents have taken a stand that only 220 vacancies will fall under this category. In view of the same, the learned counsel for the petitioners were insisting for a proper break up of the vacancies for 41/50
every year from 2007-2008 onwards so as to understand/ascertain the exact vacancy position which falls within the 2% category. 20.
The further grievance that was expressed on the side of the petitioners is that the counter affidavit filed in W.P.No.25645 of 2024 dated 14.03.2025 gave an impression as if the vacancy position for every year will take into consideration only those vacancies that arose out of retirement, death, resignation, promotion, etc. It was contended that the vacancy position can arise out of various factors, including the increase in the student strength which would require more number of teachers. Therefore, the actual vacancy position as was attempted to be projected by the respondents requires further clarity to ensure that there is more transparency in finding out total vacancies from 2007-2008 till 2024-2025, out of which, 2% must be earmarked for the Ministerial staff. Further, the 2% vacancy cannot arise out of 50% and the 2% must be calculated from 100%. In other words, as per the statutory rules, the vacancy position must be filled up in the ratio of 50% + 48% + 2%.
21.
In reply to all the above submissions made on the side of the petitioners, learned Advocate General submitted as follows: 42/50
i.
The order passed in G.O.Ms.No.261, School Education Department dated 09.12.2024 which amended the Special Rules for the Tamil Nadu Higher Secondary Educational Service to fill up the 2% vacancies in the post of P.G. Assistant, will be given only a prospective effect and it will not be given a retrospective effect and thereby, the vested right of the petitioners and similarly placed persons will not be taken away; similarly such amendment has been contemplated for B.T. Assistants also and such amendment also will be given only a prospective effect; ii.
Insofar as computation of the number of vacancies, there was a mistake in the same, since, instead of calculating 2% out of total vacancies, it was calculated as 2% out of 50% of the vacancies and thereby, the calculation was done in the ratio of 50% + 49% + 1%, instead of 50% + 48% + 2%; as a result, the number of vacancies as mentioned in the counter affidavit must be taken to be 410 vacancies for the period from 2007-2008 onwards;
iii.
The vacancies will not confine themselves to the vacancies arising out of only retirement, death, resignation, promotion, etc. as was projected in the counter affidavit filed on 14.03.2025 and the total vacancy position will be taken into account while determining the 2% vacancy to be filled up by the Ministerial staff; 43/50
iv.
In line with this submission, the actual vacancy position and the 2% earmarking for the Ministerial staff for both B.T. Assistants as well as P.G. Assistants was tabulated and presented before the Court. For better appreciation, the same is extracted hereunder: 44/50
v.
The 2% category will apply only to those Ministerial staff who belong to the State Education Department and it cannot be extended to the Ministerial staff belonging to any other category of schools. To substantiate the same, learned Advocate General placed specific reliance upon the Special Rules that were brought 45/50
into force under the proviso to Article 309 of the Constitution of India.
22.
The fair submissions made by the learned Advocate General sufficiently take care of the grievances expressed by the petitioners. The exact vacancy position falling under the 2% category has been tabulated and extracted in paragraph 20 (iv), supra and these vacancies will be filled up by preparing a panel for every year starting from 2007-2008 and the eligible candidates will be accommodated in the respective vacancies based on their seniority. 23.
Insofar as grievances expressed by the petitioners on the proposed amendment to the Special Rules, they will have no bearing on the petitioners and similarly placed persons since amendment is going to be given only a prospective effect.
24.
One of the submissions that was made on the side of the petitioners is that the observation made by a Division Bench of this Court in P. Charles Nelson vs. The Secretary to Government, School Education Department and 3 others (W.P.No.18798 of 2020 decided on 11.01.2024) is taken out of context and that, that case did not deal with 2% reservation and at the best, the observation 46/50
can only be construed as an obiter dictum. It is not necessary for this Court to go into this issue since it has been clarified by the learned Advocate General that the amendment to the Special Rules is going to be given only a prospective effect.
25.
Insofar as determination of the total vacancies, it has been clarified that the vacancy position will be determined not merely on the stand taken in the counter affidavit filed in W.P.No.25645 of 2024 at paragraph 6(v) and the entire vacancy position will be taken into consideration for every year starting from 2007-2008. As rightly contended by the learned Advocate General, this 2% category can be filled up only from among the Ministerial staff working in the State Education Department.
26.
The above confusion would not have arisen if the vacancies had been filled up on regular basis. The State Government had allowed the vacancies to get accumulated from the year 2013 onwards and as a result, there is a huge backlog in filling up the vacancies under the 2% category. This has given rise to an unnecessary controversy which could have been easily averted by the State Government. Before 2007, the Ministerial staff were not entitled to being promoted as B.T. Assistants/P.G. Assistants and it was a right which was created by 47/50
bringing forth the Special Rules under Article 309 of the Constitution of India and once the Rules come into effect, a vested right accrues to the Ministerial staff and it cannot be defeated by not undertaking the process of filling up vacancies under the 2% category. It is made clear that the State Government shall fill up the sanctioned vacancies in the School Education Department on a year to year basis and it is high time that the State Government stops the practice of engaging teachers on contract basis and establish themselves as a model employer.
27.
In the light of the above discussion, all these writ petitions are disposed of with a direction to the State Government and the Directorate of School Education to take immediate steps to fill up the vacancies under the 2% category, both in the posts of B.T. Assistant/Graduate Teachers and P.G. Assistant from among the eligible candidates by drawing a panel for each year starting from 2007-2008 and to issue appropriate orders within a period of six weeks from the date of receipt of a copy of this order. The remaining vacancies in the posts of B.T. Assistant/Graduate Teacher shall be filled up by direct recruitment as per the selection done under the notification issued by the Teachers Recruitment Board. The Teachers Recruitment Board has already completed the selection process and 48/50
hence, the Board shall forward the list of selected candidates to the respective user Departments forthwith. Such appointment orders shall be issued after the completion of filling up of vacancies under the 2% category for the posts of B.T. Assistant/Graduate Teacher. Connected W.M.Ps. stand closed. There shall be no order as to costs. 21.03.2025 cad Index :
Yes/No NC :
Yes/No Speaking Order/Non Speaking Order 49/50
N. ANAND VENKATESH, J.
cad To 1.
The Principal Secretary to Government School Education Department Government of of Tamil Nadu Fort St. George, Chennai 600 009 2.
The Commissioner of School Education DPI Campus, College Road Chennai 600 006 3.
The Director Directorate of School Education DPI Campus, College Road, Chennai 600 006 4.
The Joint Director of School Education (Personnel) (Higher Secondary Education) DPI Campus College Road, Chennai 600 006 5.
The Joint Director of School Education (Personnel) (High School Education) Directorate of School Education DPI Campus, College Road, Chennai 600 006 6.
The Secretary The Teachers Recruitment Board IV Floor DPI Campus, College Road, Chennai 600 006 7.
The Member Secretary Teachers Recruitment Board DPI Campus, College Road Chennai 600 006 Pre-delivery common order in W.P. Nos.9011 and 32351 of 2022 W.P. Nos.903 & 9023 of 2023 and W.P. Nos.16897, 25645 and 32612 of 2024 21.03.2025 50/50