The Correspondent vs The District Elementary Educational Officer

R. Mahadevan, J.—Challenge in this Writ Petition is to the order, dated 11.12.2009, rendering three posts of Secondary Grade Teacher as surplus and for a direction to the respondents to approve the appointment of C.Edison as Secondary Grade Teacher with effect from 26.03.2010 and disburse the grant-in-aid towards his salary and allowances.

The case of the petitioner school is that it offers education from standards I to VIII. The total strength of the school is 182. There were seven teachers working in the petitioner school. According to the new norms, the Petitioner school was eligible for seven teachers, on the basis of the student- strength and the number of standards/classes. However, the first respondent, by his proceedings, dated 11.12.2009, under the pretext of applying the new norms under G.O.Ms.No. 525, School Education [D1] Department, dated 29.12.1997, rendered three posts of Secondary Grade Teachers as surplus. When the matter stood thus, the petitioner school appointed one C.Edison as Secondary Grade Teacher with effect from 26.03.2010, on account of promotion given to the then incumbent Smt. M.Mary Elizabeth Bai. The petitioner school submitted a proposal to the first respondent seeking approval of appointment of the said C.Edison as Secondary Grade Teacher. However, the first respondent has not passed any order. Under the above circumstances, the present Writ Petition has been laid.

The learned counsel appearing for the petitioner school submits that it is not disputed that the petitioner school has been granted recognition with aid. He further submits that the impugned staff fixation order passed by the first respondent is in violation of the norms fixed by the Government, in G.O.Ms.No. 525, School Education [D1] Department, dated 29.12.1997. The said Government Order was issued superseding the earlier norms, fixing teacher-pupil ratio issued in G.O.Ms.No. 250, Education Department, dated 29.02.1964, and the said Government Order, issued in G.O.Ms.No. 525, School Education [D1] Department, dated 29.12.1997, is held applicable to both the Government and Aided Recognized Private Schools.

In support of his contention, the learned counsel makes reliance upon the Judgment of a Full Bench of this Court in Director of Elementary Education, District Elementary Educational Officer and Assistant Elementary Educational Officer Vs. Smt. S. Vigila and Manager, Meerania Middle School, . By virtue of the said Judgment, each class shall have a teacher compulsorily based on the students-teachers ratio, which has been propounded by the Government of India as a National Policy, and therefore, on any account, there cannot be any reduction in staff strength particularly, when the petitioner schools is maintaining the students strength uniformly. Hence, declaring the posts of Secondary Grade Teachers as surplus is unsustainable.

Per contra, the learned Government Advocate appearing for the respondents, reiterating the averments made in the counter affidavit, submits that the number of teachers was in excess for the year 2009 - 2010, as the strength of the students had fallen down, and therefore, the first respondent passed the impugned proceedings, which does not warrant any interference at the hands of this Court.

I have considered the above submissions and perused the records carefully.

The Full Bench of this Court in Director of Elementary Education, District Elementary Educational Officer and Assistant Elementary Educational Officer Vs. Smt. S. Vigila and Manager, Meerania Middle School, , while giving interpretation to G.O.Ms.No. 525, School Education [D1] Department, dated 29.12.1997, in a meaningful manner, in Paragraph No. 23, held as follows:-

Keeping in view the various relevant aspects, we feel that G.O.Ms.No. 525, dated 29.12.1997 should be interpreted in the following manner:

(1) The ratio of students-teacher strength as indicated in the G.O. Should be primarily considered by taking each individual standard/section as a unit.

(2) The minimum strength of teachers required obviously should not fall below the number of Standards/Section in a school. In other words, if there are five standards, obviously the minimum number of teachers should be five, out of which one would be the Headmaster.

(3) If the students'' strength in a particular Standard exceeds 60, at that stage, an additional section is required to be created requiring the sanction of a second teacher and the strength reaches 100, the post of a third teacher is required.

(4) Even after maintaining the aforesaid ratio by taking into account the students'' strength of each individual standard and additional section, as the case may be, by keeping in view the teacher-students ratio 1:40 of the entire school if the teachers strength is required to be increased, the same has to be allowed, but in no case, the teachers'' strength should be less than the number of standards including the additional sections. If more teachers are thus sanctioned keeping in view the over all strength of the school, the authorities of the school should create additional section in respect of any particular Standard according to the need and convenience keeping in view the standard of education. This requirement is not only in respect of Aided Schools or Government Schools, but also in respect of any Private Recognised School. In other words, this ratio is to be maintained for any school which required recognition.

It would be obviously open to the Government to formulate appropriate norms in consonance with the above observation and provisions of the Constitution.

Therefore, the Government Order, passed in G.O.Ms.No. 525, School Education [D1] Department, dated 29.12.1997, is to be given a purposeful interpretation. Just because, there was a dip in the strength of the students, the respondents cannot treat the appointment as surplus.

In view of the above, the impugned order, which is in contravention of G.O.Ms.No. 525, School Education [D1] Department, dated 29.12.1997 and the dictum laid down by the Full Bench is set aside. The respondents are directed to re-fix the staff strength by approving the appointment of C.Edison, as Secondary Grade Teacher and release the grant-in-aid towards payment of salary and other allowances due to him. The Writ Petition is allowed, as indicated above. No costs. Consequently, connected Miscellaneous Petitions are closed.