IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.07.2011 CORAM THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.NO.7920 OF 2011 AND M.P.NOS.1 AND 2 OF 2011 G.Chandrababu ... Petitioner VS. 1.The District Forest Officer Thirupathur Division Thirupathur, Vellore District. 2.The Zonal Conservator of Forests Vellore – 632 001. 3.The Principal Chief Conservator of Forests Chennai – 600 015. 4.K.Chandrakumar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, to call for the records connected in Pa.AA.No.39/2009 Pa3, dated 23.02.2009 and Na.Ka.No.1661/09-Pa3, dated 12.04.2010 of the 1st respondent and quash the same and direct the respondents to promote the petitioner as Headmaster of Nellivasal Forest High School with all benefits. For Petitioner : Mr.G.Elanchezhiyan For Respondents 1-3 : Mr.N.Inbanathan Government Advocate (Forests) O R D E R The Forest Department in Government of Tamil Nadu runs various schools. The petitioner herein was appointed as Secondary Grade Teacher in the year 1985 and promoted as B.T. Assistant in 1988. He was further promoted as P.G. Assistant in 2005. The fourth respondent herein joined as a Secondary Grade Teacher in the year 1991 and he was straight away promoted as P.G. Assistant in 1997 based on his qualification. https://hcservices.ecourts.gov.in/hcservices/ 2.While so, a vacancy arose in the High School at Nellivasal, Vellore District for the post of Headmaster during 2009. By an order dated 23.02.2009, the fourth respondent was promoted as Headmaster of the said High School. Later, the said order was modified by another order dated 11.06.2009 stating that the promotion of the fourth respondent as Headmaster of Nellivasal High School was only an temporary measure till a qualified person from B.T. Assistant is appointed to the said post as per the Rules. Hence, the petitioner made a representation dated 02.12.2009 to the first respondent District Forest Officer, Thirupathur stating that the fourth respondent was not eligible to be appointed as Headmaster of a High School and therefore, his appointment should be cancelled and in his place, he should be appointed. His representation was rejected by the first respondent by an order dated 12.04.2010 stating that the conditional order dated 11.06.2009 was withdrawn and therefore, the fourth respondent could continue as Headmaster of the High School, in the interest of the students. It is also stated therein that there is no qualified B.T. Assistants for promotion to the post of Headmaster. The petitioner has filed the present writ petition seeking to quash the order dated 23.02.2009 promoting the fourth respondent as Headmaster of Nellivasal High School and the order dated 12.04.2010 of the first respondent, rejecting his claim. 3.The respondents 1 to 3 have filed a counter affidavit refuting the allegations made by the petitioner and the petitioner has filed a rejoinder to the counter affidavit. 4.In the counter affidavit, it is stated that when the fourth respondent was appointed as Headmaster during February' 2009, the petitioner was not eligible for consideration to the post of Headmaster, since he had not passed the required departmental tests at that time and he passed the departmental tests only in May 2009. 5.Heard the submissions made on either side and perused the materials available on record. 6.The learned counsel for the petitioner submits that the fourth respondent is not eligible for promotion to the post of Headmaster of High School. He relies on the Tamil Nadu Educational Subordinate Service Rules framed under Article 309 of the Constitution. Under the said Rules, the post of Headmaster of a High School comes under category 2 of Class – II. According to him, as per the Rules, the posts of Deputy Inspector of Schools, B.T. Assistants and Career Masters are feeder categories. The P.G. Assistants could not be promoted to the post of Headmaster of High School and they could claim the post of Headmaster of Higher Secondary School. Therefore, the fourth respondent does not come under the zone of consideration at all. The learned counsel further relies on the proceedings dated 24.12.2008 of the Director of School Education and https://hcservices.ecourts.gov.in/hcservices/ more particularly, clauses 8 to 11 of the proceedings. Clauses 8 to 11 of the said proceedings are extracted hereunder: "8) neuoahf KJfiy Mrphpah;fshf gzpepakdk; bgw;wth;fs; bgah;fisa[k; vf;fhuzj;ijf; bfhz;Lk; gl;oaypy; nrh;f;f TlhJ. 9) cah;epiyg;gs;sp jiyik Mrphpah; gjtpf;F gjtp cah;t[ \yk; epakdk; bra;a ghpe;Jiu bra;ag;gl;Lk; midj;J Mrphpah;fSk; fPH; Fwpg;gpl;l njh;t[fspy; fz;og;ghf njh;r;rp bgw;wpUf;f ntz;Lk;. ork;gh; 2008-y; Jiw njh;t[ vGjp njh;r;rp bgw;wth;fs; bgah;fis vf;fhuzk; bfhz;Lk; gl;oaypy; nrh;f;f TlhJ. m) eph;thf mYtyUf;fhd fzf;Fj; njh;t[ (my;yJ) rhh;epiy mYtyh;fSf;fhd fzf;Fj; njh;t[ ghfk; - 1 M) khtl;l mYtyf eilKiw E}y; njh;t[ (jw;nghJ jkpH;ehL muR mYtyf eilKiw E}y; njh;t[) 10) Cuhl;rp xd;wpa gs;sp kw;Wk; ,ju gs;spfspypUe;J <h;j;Jf; bfhs;sg;gl;lth;fs; rhh;gpy; gs;spf;fy;tpj;Jiwapy; <h;j;Jf; bfhs;sg;gl;l ehs; Mjhuj;Jld; Fwpg;gplg;gl ntz;Lk;. 11) Vw;fdnt gs;sp cjtp Mrphpah;/Kjy;epiy bkhHp Mrphpauhf gzpahw;wp jw;nghJ KJfiy Mrpupauhfg; gzpahw;Wgth;fs; rhh;gpy; gs;sp cjtp Mrphpah;/ Kjy;epiy bkhHp Mrphpah; epiyapy; mth;fsJ KJepiyia fzf;fpy; bfhs;s ntz;Lk;." 7.The learned counsel for the petitioner further submits that while the P.G. Assistants, who are promoted from B.T. Assistants, are eligible to be considered for promotion to the post of Headmaster of High School, as per the proceedings dated 24.12.2008 of the Director of School Education, the P.G. Assistants, who never served as B.T. Assistants, are not eligible for consideration to promotion to the post of Headmaster of High School. Therefore, the impugned orders are liable to be interfered with. 8.On the other hand, the learned Government Advocate submits that the petitioner is not eligible for promotion to the post of Headmaster as per the Tamil Nadu Educational Subordinate Service Rules and only B.T. Assistants are eligible for promotion and not the P.G. Assistants. 9.I have considered the submissions made on either side. 10.The fourth respondent was promoted as Headmaster of High School at Nellivasal, by the first respondent, vide order dated 23.02.2009, which reads as follows:- https://hcservices.ecourts.gov.in/hcservices/ "jpU. nf. re;jpuFkhh;/ 21.01.91 Kjy; ,iz epiy Mrphpauhf gzpapy; nrh;e;J nk 1992y; gp.V.gp.vl;/ gl;lg; gog;g[ Koj;J KJfiy gl;ljhhp Mrphpauhf 09.05.97 Kjy; g[Jph; ehL nky;epiyg; gs;spapy; bjhlh;e;J gzpg[hpe;J tUfpd;whh;. nkYk;/ ,th; tdj;Jiwj; njh;t[fspy; njh;r;rp bgw;Ws;shh;. jw;nghJ bey;ypthry; tdj;Jiw cah;epiyg; gs;spapd; jiyik Mrphpah; gzpaplk; fhypahf cs;sjhYk;/ jpU. nf. re;jpuFkhh;/ jiyik Mrphpah; gjtpf;F fy;tp mog;gilapYk;/ Jiwj; njh;tpy; KGikahd jFjp cs;sjhYk;/ ,tiu Kw;wpYk; jw;fhypfkhf jiyik Mrphpauhf gjtp cah;t[ tH';fp bey;ypthry; tdj;Jiw cah;epiyg; gs;spf;F jiyik Mrphpauhf epakdk; bra;ag;gLfpwhh;." Thereafter, the said order was modified by another order dated 11.06.2009 stating that the promotion of the fourth respondent is temporary until a qualified person from B.T. Assistant is appointed to the said post. The order dated 11.06.2009 is extracted hereunder: ",f;nfhl;lj;jpy; cs;s bey;ypthry; cah;epiyg; gs;spf;F jiyik Mrphpah; gjtpf;F Kw;wpYk; jw;fhypkhf jpU.nf.re;jpuFkhh; KJfiy gl;ljhhp Mrphpah; ghh;itapy; fz;l Mizapy; epakdk; bra;ag;gl;Ls;shh;. mjpy; fPH;f;fz;lthW gFjp khw;wk; bra;ag;gLfpwJ. jFjp tha;e;j gl;ljhhp Mrphpah; epakdk; bra;ag;gLk; tiu jpU.nf.re;jpuFkhh; jiyikahrphpauhf gzpahw;w mDkjpf;fg;gLfpwhh; vd;w epge;jidapd; nghpYk; jFjpahd gp.o. gl;ljhhp Mrphpah; fpilf;Fk; gl;rj;jpy; gzp ,wf;fk; bra;ag;gLthh; vd;w epge;jidapd; nghpYk; ,e;j epakd Miz tH';fg;gLfpwJ." But however, the aforesaid order dated 11.06.2009 was withdrawn and the fourth respondent was continued as Headmaster of High School, by the impugned order dated 12.04.2010 of the first respondent and the same is extracted hereunder: "ghh;it-1y; fhqk; fojj;jpy; jpU.nf.re;jpuFkhh; K.f.g. MrphpaUf;Fj; jFjp tha;e;j gl;ljhhp Mrphpah; epakdk; bra;ag;gLk; tiu jiyikahrphpauhf gzpahw;w mDkjpf;fg;gLfpwhh; vd;w epge;jidapd; nghpYk; jFjpahd gp.o. gl;ljhhp Mrphpah; fpilf;Fk; gl;rj;jpy gzp ,wf;fk; bra;ag;gLthh; vd;w epge;jidapd; nghpYk; Miz tH';fg;gl;lJ. ghh;it-2y; fhqk; ,t;tYtyf gzpahizapy ,Jtiu gl;ljhhp Mrphpah;fs; vtUk; jFjpahdth;fs; ,y;yhj fhuzj;jpdhy; g[Jph;ehL nky;epiyg;gs;sp kw;Wk; bey;ypthry; cah;epiyg;gs;spapy; nghjpf;ff;Toa gy;tifahd ghljpl;l';fs; kiythH; kf;fspd; FHe;ijfspd; fy;tp nghjpf;Fk; jpwDk; kw;Wk; eph;thfk; !;jk;gpf;Fk; fhuzj;jpdhYk; Vw;fdnt ,t;tYtyfj;jpy; ,Ue;J 11.6.09y; tH';fg;gl;l epge;jida [ld; Toa MizahdJ jpUk;g bgwg;gl;lJ. ghh;it-3y; fhqk; fojj;jpy; bey;ypthry; cah;epiyg; gs;spf;F jiyik Mrphpauhf gjtp cah;t[ tH';FkhW nfhhpa[s;sPh;. jh';fs; jw;nghJ KJfiy gl;ljhhp Mrphpah;/ gl;ljhhp Mrphpah; my;y. jw;nghJ cah;epiyg; gs;sp jiyik Mrphpah; fhypg; gzpaplk; ,y;iy. gzpaplk; fhyp Vw;gLk; gl;rj;jpy; jFjpahd gl;ljhhp Mrphpau;fs; vtUk; ,y;yhj gl;rj;jpy; j';fSila kD ghprPypf;fg;gLk; vd bjhptpf;fg;gLfpwJ." https://hcservices.ecourts.gov.in/hcservices/ 11.In my view, the first respondent is not correct in appointing the fourth respondent as Headmaster of High School, even as a temporary measure and the seniormost B.T. Assistants should have been appointed as Headmaster of the High School, on temporary basis, till the regular appointment is made. In any event, it was initially stated that the appointment of the fourth respondent was a temporary one, but subsequently, it was stated in the impugned order dated 12.04.2010 that the fourth respondent could be continued as Headmaster of the High School, in the interest of students. It was also stated that there is no qualified B.T. Assistants for promotion to the post of High School Headmaster. 12.Category 2 of Class – II of Tamil Nadu Educational Subordinate Service Rules provides method of recruitment in Class - II Service and the same is extracted hereunder: "2(a) Appointment – Appointment to the various classes and categories of officers shall be made as follows:- Name of posts Methods of recruitment (1) (2) ...... CLASS – II .... Category 2 Headmasters and Promotion from Deputy Headmistresses Inspectors of Schools and School Assistants and Career Masters " 13.As per the statutory rule, the post of P.G. Assistant is not the feeder category and therefore, the fourth respondent could not have been appointed as the Headmaster of High School. When the statutory rule is very clear, the first respondent should not have promoted the fourth respondent as the Headmaster of Nellivasal High School. Hence, the order dated 12.04.2010 of the first respondent continuing the fourth respondent as Headmaster is bad and illegal. 14.Further, admittedly the petitioner is also a P.G. Assistant. In my view, he is also not eligible, as per the statutory rule extracted above. The proceedings dated 24.12.2008 of the Director of School Education to the extent that is contrary to the statutory rule is bad. The Director of School Education could not issued the proceedings stating that the B.T. Assistants who were promoted as P.G. Assistants, could be considered for promotion as Headmaster of High School, when the statutory rule made it clear that only B.T. Assistants alone are eligible for promotion. Hence, the https://hcservices.ecourts.gov.in/hcservices/ petitioner also is not entitled to be considered for promotion to the post of Headmaster of High School. 15.Since I have already held that the promotion of the fourth respondent as Headmaster of High School is bad and illegal, the impugned orders are set aside. However, I am not inclined to issue directions to the respondents, as prayed for by the petitioner, to promote him to the post of Headmaster, in view of my aforesaid findings that the petitioner is also not eligible for promotion to the post of Headmaster of High School. Hence, a direction is issued to the first respondent to fill the post of Headmaster at the High School, Nellivasal, Vellore District, in accordance with the rules. The first respondent is directed to complete the said exercise within a period of six weeks from the date of receipt of a copy of this order. 16.The writ petition is disposed of with the above observation and direction. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar TK To 1.The District Forest Officer Thirupathur Division Thirupathur, Vellore District. 2.The Zonal Conservator of Forests Vellore – 632 001. 3.The Principal Chief Conservator of Forests Chennai – 600 015. + 1 cc to Mr.G.Elanchezhiyan, Sr.43111 + 1 cc to The Special Government Pleader sR.43051 W.P.NO.7920 OF 2011 RJ(CO) EU 9.8.11 https://hcservices.ecourts.gov.in/hcservices/