M.GANESAN, vs THE GOVERNMENT OF TAMIL NADU,

WP No. 17372 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.11.2026
CORAM
THE HON'BLE DR JUSTICE G. JAYACHANDRAN
AND
THE HON'BLE MR.JUSTICE E.MANOHARAN
WP No. 17372 of 2013
CNR: {HCMA010158782013}
1. M.Ganesan,
P.G. Assistant,
Govt. Girls Higher Secondary School,
Peravoorani, Thanjavur District.
2. R.Palanivelu,
Assistant,
Govt. Higher Secondary School, Nattuchalai,
Thanjavur District.
3. N.Tamilvanan,
P.G. Assistant,
Municipal Higher Secondary School,
Anna Nagar, Thanjavur District.
4. K.Srinivasan,
P.G. Assistant,
Govt. Boys Higher Secondary School,
Varanthairayan, Kudikaadu Post,
Thanjavur District.
5.
P.Shanmugavelan,
B.T. Assistant,
Govt. High School, T.Melakadu,
Thanjavur District.
6.
T.Thiagarajan,
B.T. Assistant,
Govt. Higher Secondary School,
Vaaladi, Trichy District.
7.
R.Senthilvelan,
B.T. Assistant,
Govt. High School,
Pannaankudi, Thiruvarur District.
8.
R.Ravichandran,
P.G. Assistant,
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WP No. 17372 of 2013
Govt. Girls Higher Secondary School,
Koothanallur, Thiruvarur District.
9. N.Gunasekaran,
B.T. Assistant,
Govt. Boys Higher Secondary School,
Kudavasal, Thiruvarur District.
10. K.Manoharan,
B.T. Assistant,
Govt. High School, Thulasenthirapuram,
Thiruvarur District.
11. R.Vivekanandan,
B.T. Assistant,
Govt. Higher Secondary School,
Pulivalam, Thiruvarur District.
12. K.Ramsekar,
B.T. Assistant,
Govt. Higher Secondary School,
Ambayanayganur, Dindugal District.
13. M.Thandapani,
P.G. Assistant,
Govt. Higher Secondary School, Vellianani,
Karur District.
..Petitioners
Vs
1. The Government Of Tamil Nadu,
Rep. By its Secretary To Government, School
Educational Department,
Fort St. George, Chennai-9.
2. The Director of School Education,
College Road, Chennai-6.
3. K.Suthanthiran,
Assistant Elementary Educational Officer,
Aundipatti, Theni District.
4. R.Thamotharan,
Assistant Elementary Educational Officer,
Sivakasi, Virudhunagar District.
5. R.Nagarajan,
Assistant Elementary Educational Officer,
Aruppukottai, Virudhunagar District.
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WP No. 17372 of 2013
6. A.S.Mathivanan,
Assistant Elementary Educational Officer,
Kattankolathur, Kancheepuram District.
7. E.Jeyalatha,
Assistant Elementary Educational Officer,
Nanguneri, Tirunelveli District.
8. A.Arockiasamy,
Assistant Elementary Educational Officer,
At Office of DEEO Ramanathapuram,
Ramanathapuram District.
9. S.Jeyaraju,
Assistant Elementary Educational Officer,
Paramakudi, Ramanathapuram District.
10. K.Raja Marees,
Assistant Elementary Educational Officer,
Palani Union, Dindugal District.
11. S.Mercyvijaya,
Assistant Elementary Educational Officer,
Tirunelveli Urban, Tirunelveli District.
12. S.Manoharan,
Assistant Elementary Educational Officer,
Dindugal Urban, Dindugal District.
13. P.Krishnan,
Assistant Elementary Educational Officer,
DEEO Dindugal, Dindugal District.
14. A.Alexander Johnkennedy,
Assistant Elementary Educational Officer,
Alankanallur, Madurai District.
15. J.P.Hemalatha
Assistant Elementary Educational Officer,
Thiruparankundram, Madurai District
16. A.S.Dayalan,
Assistant Elementary Educational Officer,
Meenjur, Thiruvallur District.
17. R.Nagaraju,
Assistant Elementary Educational Officer,
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WP No. 17372 of 2013
Uthangarai, Krishnagiri District.
18. G.Mythili
Assistant Elementary Educational Officer,
Nilakottai, Dindugal District
19. K.Kadarismail
Assistant Elementary Educational Officer,
Kamuthi, Ramanathapuram District.
20. Y.Chirishtopher Jeyakumar,
Assistant Elementary Educational Officer,
Vallioor, Tirunelveli District.
21. G.Veerapandian,
Assistant Elementary Educational Officer,
Kammapuram, Cuddalore District.
22. G.Pandarasamy, Assistant
Elementary Ednl Officer, Mellanelichanallur,
Tirunelveli Dt.
Address for R3 to R22 is
C/o.Office of the Director of
School Education, College Road,
Chennai -6
..Respondents
Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Declaration declaring the amendment
issued in G.O.Ms. No.127 School Education (A1) Department dated
25.05.2012, to the Tamil Nadu School Educational Service, issued by the
1st respondent and the consequential panel of Assistant Elementary
Educational Officers for the post of Headmaster High School in
Proceedings No. NIL dated Nil by the 2nd respondent, as null and void and
issue a consequential direction to the respondents to fill up the post of
Headmaster High School as per the G.O.Ms. No.181 School Education
Department dated 29.10.2001 and promote the petitioners accordingly as
Headmaster High School with service and monetary benefits.
For Petitioners: Mr.R.Saseetharan
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WP No. 17372 of 2013
For Respondents: Mr.S.Illamvaludhi,
Special Government Pleader
for R1 and R2
No appearance for R3 to R22
ORDER
(Order of the Court was made by Dr.G.Jayachandran J.)
Writ petitioners thirteen in number are before this Court challenging
the amendment to the Rule pertaining to ratio fixed among the B.T.
Assistant Teachers and Assistant Elementary Educational Officers for the
promotional post of Headmaster/Headmistress in the Government
Schools. Earlier, when the ratio of 97:3 among the Teachers and
Assistant Elementary Educational Officers was fixed and an executive
order was passed, the same was challenged by the B.T. Assistants on the
ground that the promotional Rule cannot be altered through the executive
order without amendment to the Rule. Thereafter, the Government
thought it fit to issue G.O.MS.No.127 School Education (A1) Department
dated 25.05.2012 reiterating the sum and substance of the executive
order wherein the Rule prescribing 3% quota for Assistant Elementary
Educational Officers for the promotional post of Headmaster/Headmistress
came to be given effect through the amendment of the Special Rules for
the Tamil Nadu School Education Department.
2. The main contention of the learned counsel appearing for the
petitioners is that there is no rationality between the ratio fixed for the
promotion to the post of Headmaster/Headmistress. While there are
80,000 eligible B.T. Assistants in the cadre and more or less only 800
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WP No. 17372 of 2013
Assistant Elementary Educational Officers, the ratio of 97:3 is
disproportionate and irrational. Hence, the impugned amendment fixing
3% quota for the Assistant Elementary Educational Officers without
following the inter se seniority among the feeder categories is to be
quashed since it gives a favourable treatment to the Assistant Elementary
Educational Officers.
3. The Director of School Education has filed a counter affidavit
stating the circumstances under which the Rule was amended and fixation
of 3% for Assistant Elementary Educational Officers was granted. Learned
Special Government Pleader would submit that the Assistant Elementary
Educational Officers, few in number, were stagnated in the post and have
no adequate promotional avenue and therefore, to mitigate, they were
provided with 3% quota in the vacancy for the post of Government High
School Headmaster/Headmistress.
4. The petitioners have initially entered the service as B.T.
Assistants and after acquiring post graduate degree, they were promoted
as P.G. Assistants and they have adequate promotional avenue compared
to Assistant Elementary Educational Officers and therefore, there is no
prejudice caused to the petitioners because of the 3% reservation given to
Assistant Elementary Educational Officers. Relevant part of the counter
filed by the second respondent reads as below:
‘7. It is further submitted that whereas the above said
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WP No. 17372 of 2013
Assistant Elementary Educational Officers have no other
promotional avenues other than that of the Government
High School Head Master that too only in the earmarked
3% vacancies to the post of Government High School Head
Master. Hence the petitioners are better placed than the
respondent Assistant Elementary Educational Officers and
in no way the petitioners get prejudiced because of the 3%
reservation to the above said Assistant Elementary
Educational Officers.
8. It is further submitted that regarding the
averments of the petitioners that 3% reservation in the
post of Government High School Head Master for 856
Assistant Elementary Educational Officers in the State of
Tamil Nadu is higher than the vacancies available to the
80,000 B.T. Assistants & Tamil Pandits etc. is not
acceptable. Simply because of the reason that the
Assistant Elementary Educational Officers constitute a very
small group, they should be neglected without giving any
promotional avenue because they would share the
promotional avenues available to other larger group,
namely the B.T. Assistants etc.
9.It is further submitted that it is the constitutional
mandate upon the State to provide sufficient promotional
avenues to all the sections of Government servants, thus
resulted in the above said 3% reservation in the posts of
Government High School Head Master for the Assistant
Elementary Educational Officers.
10.It is further submitted that with reference to the
averments made in grounds 1(i) to (XVIII) of the affidavit it
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WP No. 17372 of 2013
is submitted that the 3% reservation provided to the
Assistant Elementary Educational Officers in the post of
Government High School Head Master is only to assure
sufficient promotional avenues to the Assistant Elementary
Educational Officers like other teaching communities
serving in the Government High School & Higher Secondary
Schools.’
5. On perusal of the counter and the statistics provided, we find that
for 856 Assistant Elementary Educational Officers in the State, 3% is
carved out leaving 97% for 80,000 B.T. Assistants and Tamil Pandits.
Approximately, the Assistant Elementary Educational Officers constitute
only 1% whereas, they are given assured 3% quota for the post of
Headmaster/Headmistress. We do not find fault with the Government
policy to give some quota for Assistant Elementary Educational Officers to
be promoted as Headmaster/Headmistress but the quota must be
reasonably proportionate. Since it appears to be disproportionate even by
the data provided by the official respondents, we are of the view that the
quota fixed has to be revisited in future taking note of the fact that fixing
3% quota for Assistant Elementary Educational Officers in the past few
years. Therefore, we dispose of the writ petition with a direction to
respondents 1 and 2 to make an empirical study of the cadre strength
and vacancy position and fix quota for the respective feeder category,
which will be proportionate, adequate and reasonable. The said exercise
to be completed preferably before the commencement of the next
academic year. There shall be no order as to costs.
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WP No. 17372 of 2013
(G.J.,J.) (E.M.,J.)
03.11.2026
Index: Yes/No
Neutral Citation: Yes/No
mmi/nm
To
1.The Secretary to Government,
School Educational Department,
Fort St. George, Chennai-9.
2.The Director of School Education,
College Road, Chennai-6.
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WP No. 17372 of 2013
DR.G.JAYACHANDRAN, J.
AND
E.MANOHARAN, J.
mmi
WP No. 17372 of 2013
03.11.2026
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