High Court · 2025

W.P.(MD) Nos.5193 of 2024 & 15188 of 2025 promote the petitioner as Higher Secondary School Head Master on par with her junior and pass such further orders.In both W.Ps.For Petitioner(s):Mr.G.ChandrasekarFor Respondents:Mr.N.Satheesh Kumar for RR1 to R3Additional Government Pleader Mr.H.Mohammed Imran for RR4 to R9 in W.P.(MD).No.5193 of 2025COMMON ORDERThese Writ Petitions have been filed challenging the proceedings in Se.Mu.No.B1/2732/2023-2 dated 22.02.2024 of the second respondent with regard to the promotion panel for the posts of Higher secondary School Head Master and to quash the same. Further the petitioner in W.P.(MD) No.15188 of 2025 seeks directions towards the 2nd respondent promote her as Higher Secondary School Head Master on par with her junior and pass such further ordersPage 4 of 13 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.5193 of 2024 & 15188 of 2025 2. Heard Mr.G.Chandrasekar, learned counsel for the petitioners, Mr.N.Satheesh Kumar, learned Additional Government Pleader appearing on behalf of the respondents 1 to 3 and Mr.H.Mohammed Imran, learned counsel appearing on behalf of the respondents 4 to 9 in W.P.(MD).No.5193 of 2025. 3. Mr.G.Chandrasekar, learned counsel for the petitioners would submit that the second respondent had issued a promotional panel to the post of Higher Secondary School Headmaster and the same was published on 27.02.2024. Objections were called for from the eligible teachers within a period of three days and the counselling was scheduled on 02.03.2024 at Chennai. He would submit that the Kallar Reclamation schools are only situated at Madurai, Theni and Dindugal Districts and till last year counselling were conducted only at Madurai. However, for this year counselling is slated to be held at Chennai that too during the period of examination where eligible teachers were also given examination duty. He would submit that the services of the employees of Kallar Reclamation schools are governed by Special Rules for Tamil Nadu Higher Secondary Backward Classes Service Rules. He would further submit that a panel was Page 5 of 13 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.5193 of 2024 & 15188 of 2025 published on 30.09.2022 for the year of 2022.4. According to him, six persons were promoted pursuant to the publishing of the said panel and that the rotation ended with serial No.6 and rotation should start from serial No.7. In that regard he would submit that the Rules governing the promotion of Higher Secondary School Headmasters would envisage a method of appointment by recruitment by transfer and promotion in the ratio of 2:5 of High School Headmasters and the Post Graduate Assistants, in a cyclic manner. The Serial Nos.1 & 3 had been earmarked for recruitment by transfer of a High School Headmaster and serial Nos. 2 & 4 to 7 had been earmarked for promotion from the post of Post Graduate Assistants. He would submit that six substantive vacancies were notified and one expected vacancy was notified. He would submit that under the impugned proceedings vacancies were sought to be filled up from the serial No.4 in a cyclic order, whereas, according to him it should start from serial No.7 as the last vacancy that was filled up based on the previous panel ended in serial No.6 of the cyclic order. If the same had been properly followed, the petitioners would have rightly got promoted. Even though, an objection was made on their behalf, without giving an opportunity, the objections were rejected Page 6 of 13 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.5193 of 2024 & 15188 of 2025 on 02.03.2024, on the date when the counselling was held. He would further submit that the petitioner in W.P.(MD) No.15188 of 2025 had superannuated on 31.05.2025 and had the panel been properly drawn the said petitioner who had been placed in serial No.2 would have been promoted to serial No.3 of the cyclic order. Hence, he seeks interference of the order impugned herein.5. Countering his arguments, Mr.N.Satheesh Kumar, learned Additional Government Pleader appearing on behalf of the respondents 1 to 3 would submit that after the panel was published on 27.02.2024, 8 objections were received in respect of the panel, 3 related to objections from Headmasters which related to recruitment by transfer and the other 5 related to Post Graduate Assistants who were entitled to be promoted as Higher Secondary School Headmasters.6. The primordial objections of the petitioners herein is that the vacancies should be filled up from serial No.7 of the cyclic order and not from the serial No.4 as claimed in the order impugned herein. He would submit that for the promotions made in the panel for the year 2022, the vacancies that were available were filled up and the last vacancy that was filled up fell at serial No.3 of the Page 7 of 13 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.5193 of 2024 & 15188 of 2025 cyclic order and therefore, for the present panel, the vacancies could be filled up from serial No.4 of the cyclic order and not as claimed by the petitioners. He would further submit that the petitioners had only challenged the proceedings of the second respondent dated 22.02.2024 but had failed to challenge the order of rejection dated 01.03.2024 of their objections and therefore, they are not entitled for any relief that had been sought for in these Writ Petitions. He would further submit that the High School Headmasters/ PG Assistants who were found eligible and fitted in the vacancies have all reported to duty with effect from 04.03.2024.7. Mr.H.Mohammed Imran, learned counsel appearing on behalf of the respondents 4 to 9 in W.P.(MD).No.5193 of 2025 would submit that the respondents who are impleaded had categorically claimed that promotions that were made in the year 2023 from the panel of the year 2022, the last of the vacancy that was filled up in the cadre of Higher Secondary Headmaster was at serial No.3 and not serial No.7 of the cyclic order as claimed by the petitioners. He would further submit that pursuant to the counselling that was conducted on 02.03.2024, the impleaded respondents have all assumed charge on 04.03.2024 and have been working from that date. Page 8 of 13 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.5193 of 2024 & 15188 of 2025 8. I have considered the submissions made by the learned counsels appearing for their respective parties and perused the materials available on record.9. There is no dispute that the vacancies to the post of Higher Secondary School, Headmasters is to be filled up by way of recruitment by transfer from the post of High School Headmasters and the Post Graduate Assistants by promotion in the ratio of 2:5. The Rules also provide a cyclic order in which such recruitment should be made. Serial nos.1 & 3 of the cyclic order had been earmarked for recruitment by transfer of the Headmasters and serial Nos.2, 4 to 7 have been earmarked for promotion from the post of Post Graduate Assistants. 10. The dispute is with regard to from where the cyclic order has to begin for recruitment based upon the panel of the year 2024. It is the case of the petitioners that six vacancies were filled up in the year 2023 based upon the panel drawn in the year 2022. Therefore, according to them, the cyclic order begin from serial No.7. On the contrary, it is the claim of the respondents that the last of the Page 9 of 13 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.5193 of 2024 & 15188 of 2025 vacancy that was filled as per the panel of the year 2022 ended up at serial No.3 and therefore, the vacancies to be filled based upon the panel year 2024 would have to begin from serial No.4.11. The order of rejection of the petitioners objections would indicate that 7 vacancies were to be filled up in the cyclic order and the first of the vacancy would have to start from serial No.4 of the cyclic order as the last of the vacancy in the previous year ended up at serial No.3. The last of the vacancy was filled up by way of recruitment by transfer from a High School Headmaster. No contrary documents were provided by petitioner except to make a claim that the cyclic order should begin from serial No.7 and not from serial No.4. The petitioners have not also challenged the reasons given in the order of rejection dated 01.03.2024, even though the same is within the knowledge of the petitioners as a copy of the same had also been annexed in the typed set of papers filed by them.12. With regard to the venue of counselling, it is for the employer to choose the venue of counselling and there can be no grievance by anyone that the counselling should be conducted at a particular place in a particular manner. Page 10 of 13 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.5193 of 2024 & 15188 of 2025 Further, the counter affidavit also indicates that 14 of the eligible persons found in the panel, 13 attended the counselling and none had complained any prejudice.13. In view of the categorical finding that the cyclic order would only have to start from serial No.4, this Court do not find any merits in the Writ Petition as framed by the petitioners. For the aforesaid reasons, the Writ Petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are also closed. 12.12.2025NCC :Yes / NoIndex :Yes / NoInternet:Yes / NoGbaTo:1.The Secretary to Government, Department of Backward Classes Welfare, Secretariat, Saint George Fort, Chennai – 600 009.2.The Commissioner,Page 11 of 13 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.5193 of 2024 & 15188 of 2025 Most Backward and Denotified Communities Welfare Department, Ezhilagam, Chennai – 600 005.3.The Joint Director, Kallar Reclamation, Madurai, Madurai District 625 020.K.KUMARESH BABU, J.GbaPage 12 of 13 https://www.mhc.tn.gov.in/judis W.P.(MD) Nos.5193 of 2024 & 15188 of 2025 PRE-DELIVERY ORDERMADE INW.P.(MD) Nos.5193 of 2024 & 15188 of 2025andW.M.P.(MD) Nos.4975 of 2024, 5870, 8397, 11648 & 15755 of 2025 12.12.2025Page 13 of 13