Madras High CourtWP(MD)/6101/2026allowed

M.Nallamayan v. The Secretary To The Government

2026-04-06Honourable Mr.Justice Mummineni Sudheer Kumar7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06/04/2026

CORAM

THE HON'BLE MR. JUSTICE MUMMINENI SUDHEER KUMAR M.Nallamayan ... Petitioner Vs.

1. The Secretary to the Government, State of Tamil Nadu, Backward Classes Welfare, Most Backward Classes Welfare, and Denotified Communities Welfare Department, Chennai-600 009.

2. The Secretary to the Government, State of Tamil Nadu, Department For Welfare of the Differently Abled Persons, Chennai-600009..

3. The Commissioner/Director,, Most Backward and Denotified Communities Welfare, Chennai-600005..

4. The Joint Director, Kallar Reclamation, Madurai 625020.

... Respondents PRAYER:- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the Respondents to apply the 4 percentage reservation in Persons with Benchmark Disability in promotion panel for the post of Higher 1/7

secondary School Head Master under the Kallar Reclamation School in light of the G.O.(Ms) No. 06 in Welfare of Differently Abled Persons (DAP3.2) Department dated 21.06.2025 by considering the Petitioners representation dated 07.02.2026 within the time stipulated by this Court.

For Petitioner : Mr.G.Karthik for M/s.Roy and Roy Associates For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader

ORDER

The petitioner was initially appointed as B.T.Assistant(Maths) in Kallar Reclamation School in the year 2010 and subsequently promoted to the post of P.G.Assistant(Maths) on 23.11.2022 and currently working in the said post at Government Kallar Higher Secondary School, Savukampatti, Dindigul District.

2. The case of the petitioner is that his next avenue of promotion is to the post of Higher Secondary School Headmaster and he satisfied all the eligibility criteria and his name was also included in the list of eligible candidates for promotion to the said post at serial No.185.

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3. In the light of the above, the petitioner, who is also claiming to be a candidate having locomotor disability with 50%, is claiming for reservation for promotion to the post of Higher Secondary School Headmaster in terms of the orders issued by the Government in G.O. (Ms.)No.6, Welfare of Differently Abled Persons (DAP3.2) Department dated 21.06.2025.

4. Considering the nature of relief sought for in the present writ petition, this Court on an earlier occasion when the matter came up on 06.03.2026, granted time to the learned Additional Government Pleader to get instructions in the matter as to whether the order issued in G.O. (Ms.)No.6, Welfare of Differently Abled Persons (DAP3.2) Department dated 21.06.2025 is in force and applicable to the Education Department or not. Accordingly, the matter is listed for further consideration today.

5. Mr.Satheesh Kumar, learned Additional Government Pleader sought time to file a counter in the matter. However, this Court having taken note of the nature of prayer sought for in this writ petition, does not see any necessity to grant any further time for filing counter in the present writ petition.

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6. Mr.Satheesh Kumar, learned Additional Government Pleader submitted that the order issued in G.O.(Ms.)No.6, Welfare of Differently Abled Persons (DAP3.2) Department dated 21.06.2025 is very much in force and the same would also apply to the Education Department. However, he submits that the courses are required to be identified for giving effect to the said Government Order dated 21.06.2025.

7. In the light of the above facts situation that the order issued in G.O.(Ms.)No.6, Welfare of Differently Abled Persons (DAP3.2) Department dated 21.06.2025 very much in force and also applicable to the Education Department, this Court does not see any impediment to issue appropriate directions to the respondents to give effect to the said Government Order and consider the case of the petitioner for promotion to the post of Higher Secondary School Headmaster.

8. In fact, it is an unfortunate situation that the respondents, who are bound by the directions issued in the said Government Order dated 21.06.2025, are not giving effect to the directions, which necessitated the petitioner to approach this Court. It is now well settled that the provisions of the Rights of Persons with Disabilities 4/7

Act, 2016 are mandatory and the respondents are under obligation to give effect to the said Act and the directions issued in G.O.(Ms.)No.6, Welfare of Differently Abled Persons (DAP3.2) Department dated 21.06.2025. It is unfortunate that the petitioner has to approach this Court for implementation of the orders issued by the Government.

9. In the light of the above, this writ petition is allowed at the admission stage directing the respondents to give effect to the Government Order issued in G.O.(Ms.)No.6 dated 21.06.2025 and consider the case of the petitioner for promotion to the post of Higher Secondary School Headmaster as per applicable Rules. No costs. 06.04.2026 NCC: Yes/No Index : Yes/No Internet : Yes/No CM 5/7

1. The Secretary to the Government, State of Tamil Nadu, Backward Classes Welfare, Most Backward Classes Welfare, and Denotified Communities Welfare Department, Chennai-600 009.

2. The Secretary to the Government, State of Tamil Nadu, Department For Welfare of the Differently Abled Persons, Chennai-600009..

3. The Commissioner/Director,, Most Backward and Denotified Communities Welfare, Chennai-600005..

4. The Joint Director, Kallar Reclamation, Madurai 625020.

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MUMMINENI SUDHEER KUMAR, J CM WP(MD) No.6101 of 2026 Date : 06/04/2026 7/7