Judgment :- The Writ Petition has been filed seeking a direction to the respondents to consider the qualification of the petitioner in Urudu to grant him promotion as Head Master of Panchayat Union Elementary School (Urudu) at Belur, Vazhapadi Block, Vazhapadi Taluk, Salem District in the vacancy to be caused by the retirement of Thiru. S.G. Sardar Sahib, Head Master and promote him as Head Master in the said school with all consequential service and monetary benefits. 2. The petitioner was originally employed as Secondary Grade Teacher in the Primary School in Vazhapadi Panchayat Union, Salem District. Since he studied Urudu as the first language in S.S.L.C., he was posted to Panchayat Union Elementary School (Urudu) at Belur, Vazhapadi Panchayat Union, Salem District on 23.11.2010. 3. The Headmaster of the Elementary School, in which the petitioner is serving, has retired from his service on 31.01.2012 on reaching the age of superannuation. The petitioner made a representation on 28.11.2011 that he could be considered for the post of Headmaster in the vacancy that would be caused due to the retirement of the serving Headmaster with effect from 31.01.2012. Since no order is passed in his representation, he filed the present writ petition seeking a direction to the respondents to consider him for the post of Headmaster in the School in, in which he is serving now. 4. The respondents have filed a common counter affidavit refuting the allegations. It is averred in the counter affidavit that there are so many qualified teachers to handle the classes in Urudu medium. The petitioner has studied 'Urudu' as the first language in S.S.L.C and he is not eligible to be posted as Urudu Secondary Grade Teacher. 5. Heard both sides. 6. The post of Headmaster in Primary School, especially of linguistic minority, shall be filled up as per Rule 5 of the special Rules in the Tamil Nadu Elementary Educational Subordinate Services. Rule 5 is extracted hereunder: "5. Appointments in Institutions for minority Languages: A vacancy in the post of Headmaster/Headmistress in a middle or Primary school, especially provided for linguistic minority shall be filled up by transfer of any member of the same grade who is in possession of the respective language qualification and who may be employed at the time of the vacancy in an institution not specially provided for linguistic minority. When such transfer is not possible, a member who is in possession of the respective language qualification may be appointed by any method admissible under rule 2 above, but he shall not acquire by reason only of such appointment any right in the matter of seniority or full membership in such grade or transfer to a vacancy in such grade in an institution or establishment, not specially provided for linguistic establishment not specially provided for linguistic minority or promotion, to a higher grade or category" 7. The first part of the Rule 5 deals with the appointment by way of transfer. This Court is not concerned with the first part. As far as the second part of Rule 5 is concerned, where there is no teacher for appointment under first part of Rule 5, the appointment shall be made as per any method admissible under Rule 2. 8. Rule -2 of the Special Rules provides for appointment to various classes and categories. As per the methods provided in the Rule, Category I Class III of Rule is relating to the appointment of Headmaster/Headmistress of Primary Schools. Category 2 Clause III is in respect of Secondary Grade Teachers. The appointment to the post of Headmaster/Headmistress of Primary School is by direct recruitment or by promotion from category 2. 9. Therefore, when there is no possibility of filling up the post of Headmaster by transfer under Rule-5, the vacancy shall be filled up by promoting the available Secondary Grade Teachers in the School, who are in possession of Language qualification. I am not in agreement with the submission made by the learned Special Government Pleader appearing for the respondent that the petitioner is not eligible for consideration to the post of Headmaster in the Elementary School (Urudu), since he did not study in Urudu Medium. The further submission, based on the counter affidavit that since the petitioner is not a Muslim, he would not come under the zone of consideration, is totally absurd. 10. The proceedings dated 18.09.1960 of the Director of school Education is extracted hereunder: "2. The District Educational Officers are informed that teachers trained in a language other than that which is adopted as medium of instruction in the schools in which they are employed should appear for the E.S.L.C. Or S.S.LC. 10. The proceedings dated 18.09.1960 of the Director of school Education is extracted hereunder: "2. The District Educational Officers are informed that teachers trained in a language other than that which is adopted as medium of instruction in the schools in which they are employed should appear for the E.S.L.C. Or S.S.LC. Public examination as the case may be according to their grades of training certificates (Elementary or Secondary) availing themselves or nearest two chances and pass the LANGUAGE SUBJECT ONLY ADOPTED AS MEDIUM OF INSTRUCTION in the school in which they are employed taking it as first language." The aforesaid instructions of the Director make it clear that the petitioner, who studied Urudu as the first language in S.S.L.C., is entitled to be appointed as Secondary Grade Teacher in Urudu Medium Schools. In fact, as noted above, he was transferred to the Urudu Medium School as a Secondary Grade Teacher. Hence, he is eligible to be considered for promotion to the post of Headmaster in the Elementary School (Urudu) as per Rule 5 referred to above. 11. Learned counsel appearing for the petitioner has submitted that if the petitioner has satisfied the eligibility criteria, he may be considered for the post of Headmaster along with any other eligible persons, if any. In fact, the respondents could have no objection for the same. 12. In the result, this writ petition is disposed of directing the respondents to consider the claim of the petitioner for the post of Headmaster in the Elementary School (Urudu) at Belur in Vazhapadi Panchayat Union along with other eligible persons, if any and the post of Headmaster shall be filled up as early as possible not later than six months from the date of receipt of a copy of this order. No costs. Consequently, connected M.P.No.1 of 2012 is closed.