Hence there shall be an order of interim order directing the respondents to defer the impugned Promotion Counselling scheduled to be held on 13.07.2022, vide Notification in Na.KaNo.3559/C2/E2/2022 dated 30.06.2022, for a period of two weeks. List these cases on 22.07.2022 at 2.15. p.m. In the meantime, the respondents are directed to file counter affidavit in these cases.

W.P.Nos.17500, 13728 & 17608 of 2022 and WMP.No.16783, 13017 & 16873 of 2022 D.KRISHNAKUMAR, J. W.P.No.17500 of 2022 has been filed seeking for a direction to the respondents 2 and 3 to call the petitioner for Special Transfer Counselling for the post of Headmaster in Government High School in Erode Educational District coming under the

D.KRISHNAKUMAR, J.
W.P.No.17500 of 2022 has been filed seeking for a direction to the respondents 2 and 3 to call the petitioner for Special Transfer Counselling for the post of Headmaster in Government High School in Erode Educational District coming under the Erode Revenue District before the promotion counselling schedule for 13.07.2022 or any other subsequent date is held pursuant to the proceedings of the 2nd respondent dated 30.06.2022 for the post of Headmasters in Government High School.

2. W.P.No.13728 of 2022 has been filed seeking to include the name of the petitioner in the promotion panel for the post of Higher Secondary School Headmaster by revising the seniority of the petitioner based on marks obtained in the competitive examination and not as per roaster system by following the decision of the Hon’ble Division Bench of this Court in W.P.No.998 of 2017 etc., batch dated 15.11.2019, as confirmed by the Hon’ble Supreme Court in SLP Nos.2861 to 2876 of 2020 dated 06.07.2020. W.P.No.17608 of 2022 has been filed directing the respondents to conduct Transfer Counselling before conducting Promotion Counselling to the post of Higher Secondary Headmaster as per the proceedings of the first respondent dated 30.06.2022.

3. Mrs.Nalini Chidambaram, learned Senior Counsel for the petitioner in W.P.No.17500 of 2022 would submit that the petitioners are working as Headmasters of the High Schools and Higher Secondary Schools and they have completed 3 years of service in the same station and therefore, they are eligible for transfer counselling and they seeks to conduct Transfer Counselling for the existing Headmasters before considering for Promotion Counselling for the post of Headmasters arising from B.T. Assistants teachers.

4. Mrs.Dakshayani Reddy, learned counsel for the petitioner in W.P.Nos.13728 of 2022 seeks for revision of seniority based on marks obtained on merit by following the decision of the Hon’ble Division Bench of this Court in W.P.No.998 of 2017 etc., batch dated 15.11.2019, as confirmed by the Hon’ble Supreme Court in SLP Nos.2861 to 2876 of 2020 dated 06.07.2020. In W.P.No.17608 of 2022, the learned counsel for the petitioner seeks to conduct Transfer Counselling before conducting Promotion Counselling to the post of Higher Secondary Headmaster as per the proceedings of the first respondent dated 30.06.2022. It is also submitted that communal roster being followed while preparing the seniority list for promotion to the post of Headmaster of High Schools, in violation of the Division Bench decision, as confirmed by the Hon’ble Supreme Court as stated above and therefore, prays for appropriate orders.

5. Mr.Silambanan, learned Additional Advocate General, vehemently opposed for grant of interim orders and insofar as the main prayer sought for in the writ petitions are concerned, on instructions, he seeks to clarify the legal issues involved in these writ petitions by filing counter affidavit.

6. As per the RTE Act, 2009 and the rules framed thereunder, the Central Government Government and State Government prescribed qualification of pass in TET as minimum eligibility qualification for existing teachers who have appointed prior to the RTE Act, 2009. This Court in W.P.Nos.28284 of 2021 etc., batch dated 07.04.2022, has observed that teachers, who do not possess the minimum qualification of pass in TET, as per Section 23 of the RTE Act, 2009 and also as per the RTE (Amendment Act), 2017, are not entitled to continue their service in the schools/educational institutions and also directed the educational authorities to ensure strict compliance of the instructions issued by the Principal Secretary to Government, School Education Department, Chennai-9, vide Letter No.2343/MS/2019-1 dated 02.05.2019, failing which appropriate action shall be taken in accordance with law. In the cases on hand, the said requirement of pass in TET has not been specifically mentioned in the notification issued by the respondents. In the light of the earlier order passed by this Court in W.P.Nos.28284 of 2021 etc., batch dated 07.04.2022, the petitioners are not entitled to be considered to participate in the promotion counselling. Apart from that the respondents have not placed any materials before this Court, the minimum eligibility criteria has been prescribed as per the RTE Act and rules framed thereunder.

7. As far as the legal issues raised in these writ petitions are concerned, the Hon’ble Division Bench of this Court in W.P.Nos.998 of 2019 dated 15.11.2019 [P.Raja and Others v. The Additional Chief Secretary to Government, Highways and Minor Ports Department, Chennai and Others] has struck down Sections 1(2), 40 and 70 of the Tamil Nadu Government Servants (Conditions of Service Act) 2016 as ultra vires and unconstitutional. The said decision was also confirmed by the Hon’ble Supreme Court in SLP Nos.2861 to 2876 of 2020 dated 06.07.2020.

8. In the light of the aforesaid decision of the Hon’ble Division Bench of this Court, as confirmed by the Hon’ble Supreme Court, the respondents ought to have revised the seniority of the petitioners based on the marks obtained in the competitive examinations. As regards eligibility criteria of pass in TET, this Court in W.P.Nos.28284 of 2021 etc., batch dated 07.04.2022 has categorically insisted upon pass in TET as minimum eligibility criteria for B.T. Assistants/ Secondary Grade Teachers Prima facie case has been made out for grant of interim orders.

9. Hence there shall be an order of interim order directing the respondents to defer the impugned Promotion Counselling scheduled to be held on 13.07.2022, vide Notification in Na.KaNo.3559/C2/E2/2022 dated 30.06.2022, for a period of two weeks.

List these cases on 22.07.2022 at 2.15. p.m. In the meantime, the respondents are directed to file counter affidavit in these cases.

08.07.2022
Jvm

W.P.No.17500, 13728 & 17608 of 2022