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2026 DAILYLAW 58636 (MAD)

R.Jayarathina Gandhi v. The State of Tamil nadu

WP/27945/2026 · 2026-07-20

P T Asha

Transfer Petitionbody2026

Judgment text

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WP No. 27945 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-07-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA WP No. 27945 of 2026 and WMP No.30612 of 2026 R.Jayarathina Gandhi ..Petitioner(s) Vs 1. The State of Tamil Nadu Rep. by its Principal Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai-600 009. 2. The Director of School Education Perasiriyar Anbazhagan Kalvi Valagam, College Road, Chennai-600 006. 3. The Joint Director of School Education (Higher Secondary) Directorate of School Education, Perasiriyar Anbazhagan Kalvi Valagam, College Road, Chennai-600 006. ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to revise the panel for promotion to the post of Headmaster, Higher Secondary School prepared as on 01.01.2026 vide proceedings of the 2nd respondent in Na.Ka. No.2390/ W1/ E1/ 2026 dated 02.07.2026 by including the requisite number of eligible persons with Benchmark Disabilities (PwBD) candidates within the 4% reservation earmarked under G.O. Ms. No.06, Welfare of Differently Abled persons (DAP-3.2) Department dated 21.06.2025 by extending the zone of consideration https://www.mhc.tn.gov.in/judis WP No. 27945 of 2026 __________ Page2 of 6 to five times the number of vacancies in terms of Clause 7 of the Annexure to the said Government order, after considering the representation submitted by the petitioner through the Association dated 02.07.2026 and consequently consider the petitioner for promotion to the post of Head Master, Higher Secondary School, within a time frame to be fixed by this Court. For Petitioner(s): Mr.G.Sankaran, Senior Counsel for Mr.S.Nedunchezhiyan For Respondent(s): Mr.K.Sathish, Government Advocate ORDER This writ petition has been filed seeking a direction to the respondents to revise the panel for promotion to the post of Headmaster, Higher Secondary School prepared as on 01.01.2026 vide proceedings of the second respondent in Na.Ka. No.2390/ W1/ E1/ 2026 dated 02.07.2026 by including the requisite number of eligible persons with Benchmark Disabilities (PwBD) candidates within the 4% reservation earmarked under G.O. Ms. No.06, Welfare of Differently Abled persons (DAP-3.2) Department dated 21.06.2025 by extending the zone of consideration to five times the number of vacancies in terms of Clause 7 of the Annexure to the said Government order, after considering the representation submitted by the petitioner through the Association dated 02.07.2026 and consequently consider the petitioner for promotion to the post of Head Master, Higher Secondary School, within a time frame to be fixed by this Court https://www.mhc.tn.gov.in/judis WP No. 27945 of 2026 __________ Page3 of 6 2. The case of the petitioner is that he is a person with benchmark disability (PwBD) suffering from 70% permanent orthopaedic disability. He was serving as a Junior Assistant in the Tamil Nadu Ministerial Service under the School Education Department. On 06.02.2021, he was promoted to the post of PG Assistant in accordance with the applicable Service Rules, based on his seniority and eligibility. The grievance of the petitioner is that the respondents failed to consider the requisite number of eligible persons with benchmark disabilities for inclusion in the promotion panel in accordance with G.O.Ms.No.06 dated 21.06.2025. 2.1.It is his further case that when approximately 21 vacancies out of the notified 540 vacancies ought to have been earmarked and filled under the 4% reservation for PwBD candidates, the inclusion of only 10 candidates by restricting the zone of consideration upto the year 2009 and by following the normal 1:1 ratio is in clear violation of the provisions of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 as well as the mandatory directions contained in G.O.Ms.No.06 dated 21.06.2025. Therefore, objections were submitted through the Association to the respondents on 02.07.2026. Since no orders have been passed, the petitioner has filed the present writ petition. https://www.mhc.tn.gov.in/judis WP No. 27945 of 2026 __________ Page4 of 6 3.The learned Government Advocate appearing for the respondents submitted that the representation was made through the Association and not individually by the petitioner. 4.Heard the learned counsel appearing on either side and perused the materials available on record. 5.Considering the facts and circumstances of the case and the submission made by the learned Government Advocate, without expressing any opinion on the merits of the petitioner’s claim, petitioner is directed to submit his representation within a period of two weeks from the date of receipt of a copy of this order and within a period of six weeks therefrom, the respondents are directed to pass appropriate orders on merits and in accordance with law. 6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 20-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SLI https://www.mhc.tn.gov.in/judis WP No. 27945 of 2026 __________ Page5 of 6 To 1.The State of Tamil Nadu Rep. by its Principal Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai-600 009. 2.The Director of School Education Perasiriyar Anbazhagan Kalvi Valagam, College Road, Chennai-600 006. 3.The Joint Director of School Education (Higher Secondary) Directorate of School Education, Perasiriyar Anbazhagan Kalvi Valagam, College Road, Chennai-600 006. https://www.mhc.tn.gov.in/judis WP No. 27945 of 2026 __________ Page6 of 6 P.T.ASHA, J. sli WP No. 27945 of 2026 20-07-2026 https://www.mhc.tn.gov.in/judis