WP/5497/2022 of Shajitha Begum Vs The District Educational Officer on 10 September 2026

ORDER

The present writ petition has been filed challenging the Writ of Mandamus directing the respondents to hold the counselling for promotion to the post of BT Assistant (English) on the basis of the panel issued by the 2nd respondent on 22.02.2021.

2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents.

3. The learned counsel for the petitioner would submit that the petitioner was working as Headmistress at Panchayat Union Primary School, Padanthorai, Gudalur Block, The Nilgiris District. She was initially appointed as Secondary Grade Teacher on 01.10.1996 and thereafter, she was promoted as Primary School Headmistress on 24.05.2009. It is the specific submission that she is fully qualified for the promotional post of BT Assistant (English). Apart from that, she also secured degree in B.A (History) and B.Ed Examination in the year 2004 & 2010 respectively. The learned counsel would further submit that she was brought in the panel for the promotion of BT Assistant (English), in which she stood as Serial No.1. Counselling for the promotion to the post of BT Assistant was scheduled to be held on 05.02.2022, when the petitioner visited the centre, it was informed that no counselling would be conducted. He would further submit that though the petitioner stood serial no.1, the vacancy for BT Assistant was arising only in Tamil medium School and therefore, the petitioner, being the Headmistress in Malayalam School, was not eligible for the promotional post. It is the contention of the petitioner that no Rule prohibits the Headmistress working in the Malayalam School to be promoted for BT Assistant (English) and that on erroneous understanding of the Rule position, the respondents have not promoted the petitioner to the post of BT Assistant(English), though she stood serial no.1 in the panel. Hence, prayed to allow the writ petition.

4. Per contra, the said contention was stoutly objected by the learned Government Advocate and would submit that though the petitioner stood as serial no.1 in the penal for promotion to the post of BT Assistant (English) from the category of Secondary Grade Teacher, the vacancy arose only in purely Tamil Medium School at the time of counselling and that there are no vacancy in Malayalam Medium School and bilingual school and that the consideration of the petitioner for promotion to the post of B.T Assistant

(English) did not arise. It is the further submission of the learned Government Advocate that according to the Special Rules for Tamil Nadu Elementary Education and Subordinate Service Rules, Malayalam medium School Headmistress would only be considered for the promotional post for Malayalam Medium School and not for Tamil Medium School. Hence, prayed to dismiss the present writ petition.

5. I have given my anxious consideration to either side submissions.

6. The short point to be considered in the present writ petition is that, whether Malayalam Medium Elementary School Headmistress is eligible to be participated for the promotional counselling for BT Assistant (English). In this case, it is not in serious dispute that the petitioner is qualified to be promoted to the post of BT Assistant (English) and that’s why she stood as serial no.1. However, according to the learned Government Advocate, the only obstacle for her to be considered is that, she being a Headmistress in Malayalam Medium School, cannot be considered for the vacancy that would arise in purely a Tamil Medium School.

7. Now the point to be considered is, whether if any vacancy arises for BT Assistant (English) in a Tamil Medium School, can a Headmistress of Malayalam medium school, who otherwise qualified to be promoted as BT Assistant (English) could be considered or not?. In this regard, this Court directed the learned Government Advocate to submit the Rule position. In all fairness he has submitted the G.O.Ms.No.87 dated 13.03.2026. According to the said G.O., in Annexure, the same describes the mode of promotion. For the graduate Teacher (English), the mode of promotion is as follows:- “Graduate Teacher (English) – by transfer of qualified personnel from any other units.”

8. While looking into the above method of appointment, there are no prohibition for the Malayalam Medium School Headmistress to participate for BT Assistant (English). Therefore, the very reasoning assigned by the respondent that the petitioner could not participate for the promotional post vacancy in Tamil Medium School is contrary to Rule position stipulated in G.O.Ms.No.87 dated 13.03.2026. Therefore, this Court is of the firm view that the petitioner is eligible to be promoted to the post of BT Assistant (English) if any vacancy arises even in the Tamil Medium School.

9. In such view of the above circumstances, this Writ Petition stands disposed of. The respondents are directed to consider the petitioner for the promotional post of BT Assistant (English) even for the vacancy that would arise in the Tamil Medium School. No costs. Consequently, connected WMP is also closed. 10-09-2026 Index: Yes Speaking order Neutral Citation: Yes KMI To

1. The District Educational Officer The Nilgiris District, Gudalur.

2. The Block Educational Officer Gudalur Block, The Nilgiris District.

C.KUMARAPPAN J. KMI WP No. 5497 of 2022 AND WMP NO. 5578 OF 2022 10-09-2026