G.Palanivel Vs The State of Tamilnadu, Rep. by its Principal Secretary to Government

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to conduct promotion counselling for the post of BT Assistant and Primary School Headmaster from the eligible TET passed candidates by preparing year wise panel from the year 2022 (crucial date is 01.01.2022) and to consider the petitioners for promotion as BT Assistant and Primary School Headmaster from the panel year 2022 with all consequential service and monetary benefits.

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For Petitioner(s):

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Ms.N.Kavitha Rameshwar

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For Respondent(s): Mr.Gokul Raj Government Advocate

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Order

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This writ petition has been filed for the following relief:

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“To issue a Writ of Mandamus directing the respondents to conduct promotion counselling for the post of BT Assistant and Primary School

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Headmaster from the eligible TET passed candidates by preparing year wise panel from the year 2022 (crucial date is 01.01.2022) and to consider the petitioners for promotion as BT Assistant and Primary School Headmaster from the panel year 2022 with all consequential service and monetary benefits.”

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The petitioners are working as Secondary Grade Teachers in Government Schools and were appointed in the year 2012. They possess the requisite qualifications, including D.T.Ed., Degree, B.Ed., and have passed TET Paper-II. Under the Special Rules governing the Tamil Nadu Elementary Education Subordinate Service, particularly G.O.Ms.No.12, School Education Department, dated 30.01.2020, they became eligible for promotion to the posts of BT Assistant and Primary School Headmaster. According to the petitioners, they were entitled to be considered for promotion from the panel year 2022 with the crucial date being 01.01.2022. However, the respondents did not prepare the panel or conduct promotion counselling from the year 2022 onwards despite several representations. The petitioners place reliance on G.O.Ms.No.12 dated 30.01.2020, the proceedings of the Director of School Education dated 30.06.2022, and G.O.Ms.No.243, School Education Department,

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dated 21.12.2023 governing promotion to the posts of BT Assistant and Primary School Headmaster. They further rely upon the order passed by this Court in W.P.No.19587 of 2022 etc. batch, wherein the writ petitions were dismissed by order dated 20.10.2022. Aggrieved by the said order, the State Government preferred appeals in W.A.Nos.313 of 2022 etc. batch and the Division Bench of this Court had also upheld the order of the Single Judge by order dated 02.06.2023, which was subsequently affirmed by the Hon'ble Supreme Court in Anjuman-E-Taleem Trust v. State of Maharashtra & Others (Civil Appeal No.1385 of 2025 dated 01.09.2025) , holding that teachers seeking promotion should possess TET qualification. Since the petitioners possess the requisite TET qualification and claim eligibility for promotion from the panel year 2022, they seek a direction to the respondents to prepare the year-wise promotion panel from 2022 and grant them promotion to the posts of BT Assistant/Primary School Headmaster with all consequential service and monetary benefits.

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Heard the learned counsel on either side and perused the materials available on record.

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The learned counsel for the petitioner submitted that the issue

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involved in the writ petition is squarely covered by the order of this Court dated 09.06.2026 made in in W.P.No.19160 of 2026. In the said order, after considering the relevant provisions of the RTE Act, the notifications issued

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by the NCTE, various Government Orders governing promotion, and the judgments of this Court as well as the Hon'ble Supreme Court, this Court held as follows:

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“10. In the case of Anjuman Ishaat-e-Taleem

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Trust vs State of Maharastra reported in 2025 SCC OnLine SC

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1912 , the Hon'ble Supreme Court had extended the time for qualifying for TET by a period of two years from 1^st September 2025. This order was sought to be reviewed in Review Petition (Civil) Diary No.53434 of 2025. Ultimately, the Hon'ble Supreme Court has passed the following order:

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“ 33. Appreciating that the TET examination must be conducted by the relevant authorities expeditiously as well as the time and resources required for the same are limited, we alter and extend the timeline granted in paragraph 217 of Anjuman (supra) for in-service teachers to acquire the TET qualification from 2 (two) to 3 (three) years, i.e., the qualification has to be obtained by 31^st August, 2028 instead of 31^st August, 2027, as originally directed.

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34. Needless to observe, it shall also be the endeavour of the respective States and the competent authorities to conduct the TET periodically, and preferably twice every year, interspersed with an approximate period of six months between the successive examinations, so as to afford eligible teachers a reasonable opportunity to comply with the statutory requirement.”

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11. In the light of the order dated 29.05.2026 passed in Review Petition (D) No.53434 of 2025 absolutely there is no impediment for proceeding with the promotion counselling. It is also seen that the Government issued an order in G.O.Ms.No.243, School Education Department dated 21.12.2023 amending the G.O.Ms.No.13, supra,by mandating that the unit for appointment would be the entire State. Therefore, it appears that the Government had framed special rules for Tamil Nadu Elementary Education Subordinate service in and by which the unit for appointment which was till then Panchayat Union was amended to be the entire State. The amendment in terms of G.O.Ms.No.243 dated 21.12.2023 would come into effect from 01.01.2024. Therefore, all the panels which are drawn after the issuance of this government order shall alone be governed by this government order. Therefore, the respondents are directed to conduct the year

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wise promotion counselling as mentioned above.”

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In the light of the aforesaid order dated 09.06.2026 passed in W.P.No.19160 of 2026 and considering the fact that the issue involved in the present writ petition is identical, this Writ Petition stands disposed of on the same lines. No costs. Consequently, connected miscellaneous petitions are closed.

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23-06-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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SRN

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To

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