D.JOHN SANKAR vs THE DIRECTOR OF ELEMENTARY EDUCATION

WP No. 32288 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-09-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP No. 32288 of 2023
AND
WMP NOS.31900 & 31901 OF 2023
D.John Sankar
Headmaster Panchayat Union Middle School
Kadaganatham (via) Anchetty
Dhenkanikottai Taluk Krishnagiri District.
..Petitioner(s)
Vs
1. The Director Of Elementary Education
Dpi Campus, College Road, Chennai 600 006
2. District Educational Officer (Elementary)
Hosur, Krishnagiri District.
3. Block Educational Officer
Thally Block, Hosur Krishnagiri District.
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India, praying
nd
to issue a writ of Certiorarified Mandamus, calling for the records of the 2
respondent Na.Ka.No 2069 / A3 / 2023 dated 23.09.2023 quash the same and
consequently direct the respondents to accommodate the petitioner in the
vacancy Panchayat Union Middle School at Anniyalam by considering the fact
that the petitioner is the senior most amongst the Middle School Headmaster in
Thally Block, who took part in the transfer counselling.
__________
Page1 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/09/2026 08:09:20 pm )

WP No. 32288 of 2023
For Petitioner(s): Mrs.Dakshayani Reddy
Senior Counsel
for Ms.S.Suneetha
For Respondent(s): Mr.V.Sivalingam
Government Advocate for R1 to R3
*
ORDER
The present Writ Petition has been filed challenging the impugned
nd
rejection order passed by 2 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
__________
Page2 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/09/2026 08:09:20 pm )

WP No. 32288 of 2023
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
__________
Page3 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/09/2026 08:09:20 pm )

WP No. 32288 of 2023
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
__________
Page4 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/09/2026 08:09:20 pm )

WP No. 32288 of 2023
linguistic minority. When such transfer is not possible, a member who
is in possession of the respective language qualification may be
appointed by any method admissible under rule 2 above, but he shall
not acquire by reason only of such appointment any right in the matter
of seniority or full membership in such grade or transfer to a vacancy
in such grade in an institution or establishment, not specially provided
for linguistic establishment, not specially provided for linguistic
minority or promotion, to a higher grade or category.”
9.As per the above Rule, it is amply clear that whenever the Headmaster
post is considered for a linguistic minority school, the same should be allotted to
those who are having qualification in the minority language. Admittedly, in the
case in hand, the petitioner does not possess the qualification in Telugu.
10.The learned Government Advocate would invite the attention of this
Court that though the petitioner refers about 3 Seniors names, since they did not
possess the required qualification, they on their own have not participated in the
Transfer Counselling. At this juncture, the learned Government Advocate would
submit that as on today, the Headmaster post in Panchayat Union Middle School
at Anniyalam is not vacant and one Mrs.Parvathammal, who is having
qualification in Telugu was appointed as a Headmaster with effect from
14.11.2023. Therefore, this Court is of the firm view that since the petitioner is
not qualified to be appointed as a Headmaster in the linguistic minority school,
and that there is no vacancy in the said school, this Court does not find any
merits in the present writ petition.
__________
Page5 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/09/2026 08:09:20 pm )

WP No. 32288 of 2023
11. Accordingly, this Writ Petition stands dismissed. No costs.
Consequently, connected WMPs are also closed.
03-09-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
KMI
To
1. The Director Of Elementary Education
Dpi Campus, College Road,
Chennai 600 006.
2. District Educational Officer (Elementary)
Hosur, Krishnagiri District.
3. Block Educational Officer
Thally Block, Hosur
Krishnagiri District.
__________
Page6 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/09/2026 08:09:20 pm )

WP No. 32288 of 2023
C.KUMARAPPAN J.
KMI
WP No. 32288 of 2023
AND
WMP NOS. 31900 & 31901 OF 2023
03-09-2026
__________
Page7 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/09/2026 08:09:20 pm )