Madras High Court
WP/674/2002 of AIDED ELEMENTARY SCHOOL Vs THE STATE OF TAMILNADU REP BY on 23 December 2005
COURT OF JUDICATURE AT MADRAS (SPECIAL ORIGINAL JURISDICTION) FRIDAY, THE
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(SPECIAL ORIGINAL JURISDICTION)
FRIDAY, THE TWENTY THIRD DAY OF DECEMBER
TWO THOUSAND AND FIVE
PRESENT
THE HON'BLE MR. JUSTICE P. SATHASIVAMANDTHE HON'BLE MR. JUSTICE S.K. KRISHNAN
WRIT PETITION NOS.17732 of 1999, 23514, 25369 & 25370 of 2001, 286,503, 520, 521, 523, 524, 525, 526, 674, 675, 676, 1983,3022, 3023,6594, 13023, 23389, 23625, 29588, 29775, 29838, 29893, 30305,30440, 32100, 32916, 32917, 32918, 32919, 33552, 34149, 35103,35104, 35105, 35405, 35745, 36767, 37020, 37441, 38250, 39134,39405, 39854, 39858, 39859, 39906, 40290, 41974, 42308, 44608,44759, 45226, 45514, 45515, 46680, 46681, 46682, 46683 of 2002,159, 160, 855, 856, 857, 858, 1272, 1632, 3588, 4321, 4371, 5918,6229, 6822, 7079, 7853, 8993, 9299, 9857, 9858, 9991, 9993, 9994,10038, 10057, 10292, 10609, 11295, 14439, 14440, 14757, 19903 and34658 of 2003.
Ramalingam Middle School,Puliankudi rep by itsSecretary K. Ulaganathan.. Petitioner in W.P.17732/99
Jayabharath Middle School,Sellur, Madurairep by its SecretaryR.M. Santha.. Petitioner in W.P.23514/01
Aided Elementary School Therukumelur at Thenkuthurep. by its SecretaryA. Pandurangan.. Petitioner in W.P.25369/01
Aided Elementary School Sri Neduncheri, Kattumannarkoil Taluk, Cuddalore Districtrep. by its Secretary,Punniavan.. Petitioner in W.P.25370/01
R.V. Sarma Middle School Thethakudi North Post,Vedaranyam Taluk,rep by its Secretary K. Muthulakshmi.. Petitioner in W.P. 286/02Valluvar Aided Elementary School,SettiarkuthagaiVedaranyam Taluk,Nagapattinam Districtrep by its Correspondentand HeadmasterS.S. Asaithambi... Petitioner in W.P.503/02
Venkatachalavar Aided PrimarySchool Adiyangadu, Thagattur Post,Vedaranyam Taluk, NagapattinamDistrict 614 714rep by its SecretaryCum – Headmaster K. Venkatachalam... Petitioner in W.P.520/02Gurudakshinamoorthy AidedElementary School Pushpavanam SouthVedaranyam Taluk, rep by itsCorrespondent G. Rajendran... Petitioner in W.P.521/02
Correspondent G. Rajendran... Petitioner in W.P.521/02National Aided ElementarySchool, Naduvedapatti West,Thalagnayar Post, VedaranyamTaluk – 611 112 rep by itsCorrespondent N. Savithri... Petitioner in W.P.523/02
Kamban Aided Elementary SchoolsSembodai North Post,Vedaranyam -613 820, rep. by itsSecretary, A.Vedaiyan... Petitioner in W.P.524/02Aided Primary School KovilkuthagaiPanayadikuthagai PostKatharipulam – 641 808Vedaranyam Taluk rep by its CorrespondentR. Subramaniam... Petitioner in W.P.525/05
Vinayagar Aided PrimarySchool, PandarathankaduPushpavanam, VedaranyamTaluk, rep by its CorrespondentS. Rajagopal... Petitioner in W.P.526/02
Aided Elementary School T.PuthurT.V.Puthur P.O., Virudachalam Taluk,- 606 110,rep. by its Secretary R.Ponnusamy. ..Petitioner in WP. No.674/02
Tholkappianar Middle School Neyveli represented by itsSecretary V. Kalai Selvi... Petitioner in W.P.675/02
Aided Elementary Middle SchoolAmbapuram, Cuddalore Districtrepresented by itsSecretary R. Raman... Petitioner in W.P. 676/02
Bharathi Aided Elementary Schoolrep by its Manager AndiappankaduMaruthur South Vedaranyam Taluk,Nagapattinam District... Petitioner in W.P.1983/02A. Veronica... Petitioner in W.P.3022/02G. Lourdu Seline... Petitioner in W.P. 3023/02Hindu Middle Schoolrep by its SecretaryS. Milevel Melagudalur, Uthamapalayam Taluk,Theni District... Petitioner in W.P.6594/02H.G. Brumel... Petitioner in W.P. 13023/02
Scott Christian Higher SecondarySchool, Nagercoil, rep by itsCorrespondent I.Goppel Sirumani... Petitioner in W.P.23389/02S. Rajeswari... Petitioner in W.P. 23625/02A. Manimaran... Petitioner in W.P.29588/021. Hepzibah2. P. Pushpalatha3. Subitha Selvi4. S. Anusuya Joy Santhanidhi... Petitioner in W.P.29775/02
D. David Selvakumar... Petitioner in W.P. 29838/02S. Nilavu... Petitioner in W.P. 29893/02L.M.P.C. Higher SecondarySchool, Puthalam, Kanyakumari Districtrep by its CorrespondentA.V. Manikaraj... Petitioner in W.P. 30305/02
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Tamilnadu Private SchoolTeachers and Staff AssociationRegistration No.60/81Rahmaniapuram Thillai Nagar,Trichy -18 rep by its State PresidentG. Easwara Chandra Bose... Petitioner in W.P.30440/02W.D. Elsie Chellam... Petitioner in W.P. 32100/02J. Hepzibai... Petitioner in W.P.32916 /02P. Suguna... Petitioner in W.P. 32917 /02P. Estherdaisy... Petitioner in W.P.32918 /02K. Baby Jessi Rani... Petitioner in W.P.32919/02M. Sundaramurthy... Petitioner in W.P.33552/021. C. Sudha2. Burdolph D. Raj ... Petitioner in W.P.34149/02M. Bheeman... Petitioner in W.P. 35103/02Sagayamary... Petitioner in W.P. 35104/02S. Selvi... Petitioner in W.P. 35105/02D. Glory Bai... Petitioner in W.P. 35405/02
The School Committee,Dhanamani Vidyasalai Middle School GoripalayamMadurai – 625 002 rep by itsPresident S. John Thayalan... Petitioner in W.P. 35745/02
Ramalingam Aided ElementarySchool Thithakudi NorthVedaranyam rep by itsCorrespondent R. Somasundaram... Petitioner in W.P. 36767/02
1. K. Prema2. C. Velliammal3. K. Rajeswari4. S. Isakki Ammal... Petitioner in W.P.37020/02
Tamilaga Arambapalli AsiriyarKootani (Regd) No.470/9052, Mayor Chittibabu St.,Triplicane, Chennai -5rep by its General SecretaryS. Abdul Majeeth... Petitioner in W.P. 37441/02
C.M.S. Primary School rep by itsCorrespondent K. Muthiah PaulrajChemmankudiyiruppu AlwarThirunagari Range, TiruchendurTaluk, Tuticorin District... Petitioner in W.P.38250/02M. Rajeswari... Petitioner in W.P. 39134/02Gnana Guru Vidhyasalai rep by its Manager G. Victor SamuelVenkateswarapuramAlangulam Taluk, Tirunelveli District... Petitioner in W.P. 39405/02
... Petitioner in W.P. 39405/02
Dr. S. Radhakrishna Aided MiddleSchool, Petha Naicken PalayamPonnai Post, Sholinghur RangeVellore District rep by its ManagerA.C. Gopalakrishnan... Petitioner in W.P. 39854/02
Rev. D. Arumainayagam Pitachai Mani,Manager, TDTA Primary Middle SchoolsC.S.I. Tirunelveli Dioses,Palayamkottai, Tirunelveli -2... Petitioner in W.P. 39858/02& 39859/02
A. SourirajanManager, Ramanujar AidedMiddle School, Saidapet,Vellore-12.
... Petitioner in W.P.39906/02
V.Rani... Petitioner in W.P. 10038/03M.Mohandass... Petitioner in W.P. 10057/03
C.M.Primary School T.R.Naidu Street, Tuticorin,rep.by its Manager and Correspondent C.Stephenson Roobasingh S.Ravichandran
... Petitioner in W.P. 10292/03... Petitioner in W.P. 10609/03
1. St.Anthony's Girls' Higher Secondary School,Veerakarallampudur, rep. by its ManagerM.Annasamy, Tirunelveli District.
2. V.Ramachandran ... Petitioners in W.P. 11295/03
The Corporate Management,Schools of Kanyakumari CSI Dioceserep. by its Corporate Manager,R.John Durai Singh
... Petitioner in W.Ps. 14439 &14449/03
C.M.High School,T.R.Naidu Street, Tuticorinrep. by its Manager and Correspondent, C.Stephenson Roobasingh ... Petitioner in W.P. 14757/03
Salvation Army Higher SecondarySchool rep. by its Correspondent,Vettoorni Madam, Nagercoil-3,Kanyakumari District. ... Petitioner in W.P. 19903/03
The Correspondent,Sacred Heart High School, Pacode, Thikkurichi Post,Kanyakumari District 629 168 ... Petitioner in W.P. 34658/03-Vs-
1. State of Tamil Nadu rep. By the Secretary to Govt.,Education Department, Secretariat,Chennai...1[[st]]
..1[[st]] Respondent in WP.Nos.17732/99, 23514/01, 25369/01, 25370/01, 674/02
to 676/92, 1983/02, 6594/02, 23389/02,30305/02, 30440/02, 35405/02, 37441/02, 39134/02, 39858/02, 39859/02, 40290/02, 44608/02, 45226/02, 46680/02, 46681/02, 46682/02, 46683/02, 855/03, 856/03, 857/03, 858/03, 1272/03, 1632/03, 3588/03, 4321/03,4371/03, 5918/03, 10292/03, 14439/03,14440/03, 14757/03 & 34658/03.
The Director of Elementary Education, Chennai 6...2[nd] Respondent in WP.Nos.17732/99, 23514/01, 25369/01,25370/01, 674/02 to 676/02, 1983/02, 6594/02, 35405/02, 39134/02, 39858/02,39859/02, 40290/02, 45514/02, 45515/02, 46680/02, 46681/02, 46682/02, The District Elementary Educational Officer, Madurai 2, Madurai District.
The Assistant Elementary Educational Officer, Madurai (North) RangeMadurai .... 4[th] Respondent in WP 23514/01
District Elementary Educational Officer, Cuddalore
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-- 1[st] Respondent in WP 23625/02, 29588/02, 29838/02, 29893/02, 32100/02, 33552/02
The Assistant Elementary Educational Officer,Virdachalam ... 4[th] Respondent in WP 674/02
The Assistant Elementary Educational Officer, Neyveli Assistant Elementary Educational OfficerKattumanarkoil - 4[th] Respondent in WP 25370/01
The District Elementary Educational Officer,Nagapattinam, Nagapattinam District.
Assistant Elementary Educational Officer,Bhuvanagiri...4th Respondent in WP 676/2002Assistant Educational Oficer,Vedaranyam Taluk,Nagapattinam District...4th Respondent in WP 1983/2002
The District Elementary EducationalOfficer, Theni...3rd Respondent in WP 6594/2002
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The Assistant Elementary Educational Officer,Cumbum, Theni District...4th Respondent in WP 6594/2002Director of School Education,College Road, Chennai 600 006 ..1st REspondent in WP 13023/02 &11295/03
..2nd Respondent in WP 23389/02, 30305/02, 30440/02, 37441/02, 44608/02, 45226/02, 1272/03, 1632/03, 14439/03, 14440/03,14757/03 and 34658/03
The Chief Educational Officer,Tuticorin District, Tuticorin -2
The District Educational Officer,Tuticorin District, Tuticorin 628 003 ..Respondents 2 and 3 in WP No.13023/2002
The Chief Educational Officer,Nagercoil, Kanyakumari District.
..3rd Respondent in WP 23389/02,30305/02, 44608/02, 45226/02, 1272/03, 1632/03,14439/03, 14440/03
..4th Respondent in WP 30440/02 & 37441/02
..1st Respondent in WP 8993/03 & 19903/03
Assistant Elementary Educational Officer,Kumaratchi, Cuddalore District.
Secetary, Sri MeenakshiAided Primary School,Annamalainagar, Chidambaram Taluk,Cuddalore District...3rd Respondent in WP 23625/2002.
The Additional Assistant Elementary Educational Officer, Keerapalayam,Cuddalore District...2nd Respondent in WP 29588/02
The District Elementary Education Officer,Tuticorin District
... 3[rd] Respondent in W.P.39859/02, 40290/02, 4321/03, 5918/03, 10292/03
... Ist Respondent in W.P.38250/02, 6822/03
Assistant Elementary Education Officer,Pudukottai,Tuticorin District
... 3[rd] Respondent in W.P.29775/02 & 34149/02
Additional Assistant ElementaryEducation OfficerPudukottai,Tuticorin District... 4[[th]]
... 4[[th]] Respondent in W.P.29775/02 & 34149/02.
Central Manager, d.M. School,Kaspa, Vridhachalam,Cuddalore District... 2[nd] Respondent in w.P. 29838/02Manager, Aruljothi Aided School,Pudukottai Cuddalore Taluk,
... 2[nd] Respondent in W.P.29893/02
ManagerD.M. Elementary School Mandarakuppam,Neyveli -2
... 2[nd] Respondent in W.P.32100/02
The District Elementary Educational Officer,Thoothukudi District atThoothukudi... 1[st] Respondent in W.P.32916/02, 32917/02, 32918/02, 32919/02
The Correspondent, TDTAPrimary School,Mullakkadu,Thoothukudi District... 2[nd] Respondent in W.P.32916/02The Correspondent TDTAPrimary School,Kulayankarisal,Thoothukudi District... 2[nd] Respondent in W.P.32917/02, 32918/02, 32919/02The Aided Elementary School Manadikuppam, Cuddalore District – 607 805... 3[rd] Respondent in W.P. 33552/02The Management,Neyveli Lignite CorporationElementary Schools, Neyveli... 4[th] Respondent in W.P.33552/02District Elementary EducationalOfficer, Dindigul District... 2[nd] Respondent in W.P.35103/02, 35104/02, 35105/02... 3[rd] Respondent in W.P.45515/02Management of United Tea Estates School, Chanraj,Nilgiris – 643 204... 3[rd] Respondent in W.P.35103/02, 35104/02
The Management,vivekananda vidalaya,Thittukal, Ootacanmund,Nilgiris – 643 204
Nilgiris – 643 204... 3[rd] respondent in W.P.35105/02The District Elementary Educational Officer,Nagarcoil, Kanyakumari District – 629 001... 5[th] Respondent in W.P.No.30440/02... 3[rd] Respondent in W.P. 35405/02, 46680/02, 46681/02, 46682/02, 46683/02, 855/03, 856/03, 857/03, 858/03
The Correspondent DuthiePrimary School, Nagarcoil,Kanyakumari District – 629 001... 4[th] Respondent in W.P.35405/02
The Assistant Elementary EducationOfficer, Madurai East RangeNear Cinipriya theatre, Madurai
.. 3[rd] Respondent in WP 35745/02
Additional Assistant Elementary EducationalOfficer, KadayamTirunelveli District – 627 415
.... 3[rd] Respondent in WP 37020/02
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Annadana Chathira Trustrep by its SecretaryKadayam 627 415 .... 4[th] Respondent in WP 37020/02Assistant Elementary Educational Officer, AlwarThirunagari at ThenthiruperaiTuticorin District ... 2[nd] Respondent in WP 38250/02
The District Elementary Educational Officer Salem – 7... 3[rd] Respondent in WP 39134/02, 45514/02, 3588/03, 4371/03, 6229/03, .. 4[th] Respondent in WP 7853/03
The Assistant ElementaryEducational OfficerAmbasamudramTirunelveli District .. 4[th] Respondent in WP 39134/025[th] Respondent in WP 3588/03 4371/03
The P.L.L.A. Primary Schoolrep by its SecretaryVikramasingapuramTirunelveli District ... 5[th] Respondent in WP 39134/02
Gokula Vilas PrimarySchool rep by its SecretarySalem – 6 .... 6[th] Respondent in WP 39134/02Assistant Elementary Educational OfficerAlangulam Range, Tirunelveli District ... 2[nd] Respondent in WP 39405/02
The District Elementary Educational Officer(In charge)Vellore District Vellore.... 1[st] Respondent in WP 39854/02
The Additional Assistant Elementary EducationalOfficer, Sholinghur Range, Vellore District .. 2[nd ]Respondent in WP 39854/02
District Elementary Education officer,Vellore... 2nd Respondent in WP.No.39906/02The Assistant Elementary EducationalOfficer, Tuticorin (Urban)Tuticorin – 628 002...4[th] Respondent in WP 40290/02 5918/03, 10292/03
The District Elementary EducationalOfficer, Villupuram -- 1[st] Respondent in WP 41974/02
The Assistant Elementary,Educational Officer,Thiruvannaimallur,Villupuram District....2nd Respondent in WP.No.41974/02
District Elementary Educational,Officer, Office of the DistrictElementary Education, DistrictCollectorate Compound, Virudhunagar,...1st Respondent in WP.No.42308/02...3rd Respondent in WP.No.7079/2003
The Additional AssistantElementary Educational,Officer, Virudhunagar,...2nd Respondent in WP.No.42308/02
3. Hindu Primary School,rep by its Secretary,Kasirajan, Mallaiyanayakkanpatti,Appanayakkanpatti & Post,Ramasamy Raja Nagar Via,Virudhunagar District....3rd Respondent in WP.No.42308/02The District Educational Officer,Kuzhithurai, Kanyakumari District....8th Respondent no WP.No.30440/02 4th Respondent in WP.No.44608/02 14440/033rd Respondent in WP.34658/03.
The Management Village UP.LiftPrimary School, Old Aruvankadu,Aruvankadu Post,The Nilgiris - 634 202...4th Respondent in WP.45514/02, 45515/02.
Assistant Elementary Educational Officer,Karingal and Post,Kanyakumari District,..4th Respondent in WP.46680/02,46681/0246682/02,46683/02.The Corporate Manager,Lutheran Schools, Lutheran Central,Nagercoil, Kanyakumari District...5th Respondent in WP.46680/02,46681/0246682/02,46683/02,855/03,856/03,857/03,858/03.District Elementary Educational Officer,Ramanathapuram. ..1st Respondent in WP.159/03,160/03.District Elementary Education Officer,Sivaganga...2nd Respondent in WP.44759/02,159/03160/03
The Assistant Elementary Educational Officer,Devakottai...3rd Respondent in WP.44759/02Additional Assistant Elementary Educational Officer, Kallal,Sivaganga District...3rd Respondent in WP.159/03, 160/03
Secretary, somasundaramMiddle School, Siravayal,Thirupathur Taluk,Sivaganga District..4th Respondent in WP.159/03
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Secretary, L.A.R Middle School,Managiri-630307,Sivaganga District..4th Respondent in WP.160/03
The Additional Assistant ElementaryEducational Officer, Nagercoil,Kanyakumari District..4th Respondent in WP.855/03856/03,857/03,858/03
District Educational Officer,Nagercoil, Kanyakumari District.
.4th Respondent in WP.23389/0245226/02, 1272/03.45226/02, 1272/03.
.6th Respondent in WP.No.30440/02
.2nd Respondent in 8993/03,19903/03
District Education Officer,Thuckalay, Kanyakumari District. .4th Respondent in WP.30305/02, 1632/03, 14439/03
.7th Respondent in WP.No.30440/02
The Hindu Primary School,rep.by its Secretary,Ambasamudram, Tirunelveli District. .6th Respondent in WP.3588/034371/03
Additional Assistant Elementary EducationalOfficer, Alwarthirunagari Range,Thenthiruperai & Post,Tuticorin District..4th Respondent in WP.4321/03
Additional Assistant Elementary EducationalOfficer, Tirunelveli. .4th Respondent in WP.6229/03
The Secretary, MunnetraSangam Primary School,Veeramanaickapuram.
.5th Respondent in WP.6229/03
Additional Assistant Elementary EducationalOfficer, Ottapidaram.- 2[nd] Respondent inWP.No.6822/2003.
Secretary, Hindu Primary SchoolJagaveerapandiapuramMelasaithalai PostTuticorin District.
- 3[rd] Respondent inWP.No.6822/2003.
The Additional Assistant ElementaryEducational OfficerRadhapuram – 627 111Tirunelveli District.- 4[th] Respondent inWP.No.7079/2003.The CorrespondentSt.Peter Middle SchoolRayappapuramRadhapuram RangeTirunelveli District.- 5[th] Respondent inWP.No.7079/2003.Assistant Elementary EducationOfficer, Salem-7- 3[rd] Respondent inWP.No.7853/2003.Secretary, Hindu Primary SchoolSouth Pudu StreetTirunelveli-6.- 5[th] Respondent inWP.No.7853/2003.Additional Assistant ElementaryEducational OfficerVedaranyamNagapattinam.- 3r Respondent in
- 3r Respondent in WP.No.9299/2003,9858/2003,9991/2003,9993/2003,9994/2003,10038/2003.- 2[nd] Respondent inWP.No.10609/2003.
The RegistrarTamilnadu Administrative TribunalHigh Court CampusChennai.- 4[[th]]
- 4[[th]] Respondent inWP.No.9299/2003,9857/2003, 9858/03, 9991/2003, 9993/03,9994/03, 10038/03,10057/03.
- 3[rd] Respondent inWP.No.10609/2003.
Assistant Elementary Educational Officer, VedaranyamNagapattinam District.
- 3[rd] Respondent in9857/2003,10057/03.
Chief Educational OfficerTirunelveli DistrictTirunelveli-9.- 2[nd] Respondent inWP.No.11295/2005.District Educational OfficerTenkasiTirunelveli District- 3[[rd]] Respondent inWP.No.11295/2003.
District Educational OfficerTenkasiTirunelveli District- 3[[rd]]The District Educational OfficerTiruchendhur RoadTuticorin-628 003.- 3[rd] Respondent inWP.No.14757/2003.
Petitions under Article 226 of the Constitution of India,praying that in the circumstances stated therein, and in theaffidavit filed therewith the High Court will be pleased to issueWrit of:
I. certiorari (1) calling for the records relating tothe order passed by the 3[rd] respondent in Na.Ka.No.12434/Aa 5/98dated 20.10.1999 and quash the same. (W.P.No.17732/99).
(2) calling for the records relating to the 3[rd] respondentissued in his proceedings No.Na.Ka.7401/A2/2001, dated 31.10.2001and his consequential order dated 19.11.2001 and quash the same inso far as the declaring 13 secondary grade teacher post withteachers is surplus in the petitioner Jayabharath Middle School,Sellur. (W.P.No.23514/2001)
(3) calling for the records of the respondents resultingin the impugned order of the 3[rd] respondent in R.C.No.4699/B2/2001dated 8.1.2002 and quash the same. (W.P.No.1983/2002).
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(4) calling for the records relating to the impugnedorder of the Respondent in Na.Ka.No.3781/A2/2001 dated 11.1.2002and quash the same. (W.P.Nos.3022/2002, 3023/2002).
(5) calling for the records relating to the order of the3[rd] respondent issued in Na.Ka.8487/A4/2001 dated 7.3.2002 quash thesame in so far a declaring the 5 Secondary Grade posts and 7B, 7Assistant Posts as surplus for the academic year 2001-2002(W.P.No.23389/2002).
(6) calling for the records pertaining to the orderpassed by the first respondent in his proceedingsNa.Ka.No.6921/Aa3/2001 dated 11.6.2002 and quash the same.(W.P.Nos.23625/2002, 29588, 29893/2002).
(7) calling for the records in Na.Ka.No.6573/A1/2001dated 30.7.2002 on the file of the second respondent and ascommunicated by the third respondent on 31.7.2002 and quash thesame. (W.P.No.29775/2002, WP.34149/2002).
(8) calling for the records connected withR.C.No.46921/A3/2001 dated 14.5.2002 issued by the first respondentherein and CM.No.291/2002, 294/2002 dated 31.5.2002 issued by thesecond respondent and to quash the said orders in so far as thepetitioner is connected. (W.P.Nos.29838/2002, 32100/2002).
(9) calling for the records relating to the order of thethird respondent passed in his proceedings Na.Ka.No.8065/A4/2001dated 4.3.2002 and the consequential deployment order passed by the4[th] respondent issued in Na.Ka.No.3701/A2/2002 dated 27.6.2002 andquash the same in so far as declaring I.B.T. Assistant Science andPhysical Director post of the petitioner school as surplus for theacademic year 2001-2002. (W.P.No.30305/2002).
(10) calling for the records pertaining to theproceedings of the 1[st] respondent in Na.Ka.No.6573/Aa1/2001 dated30.7.2002 only in respect of the petitioner, Serial Nos.21,22, 9and 26 and quash the same. (W.P.Nos.32916 to 32919/2002).
(11) calling for the records of the second respondentherein made in Na.Ka.No.5415/Aa3/2001 dated 27.8.2002 and quash thesame. (W.P.Nos.35103 to 35105/2002)(12) calling for the records pertaining to the orderspassedbythefirstrespondentinhisproceedingNa.Ka.No.6573/Aa1/2001 dated 30.7.2002 and the consequential orderpassed by the second respondent in his proceedingsNa.Ka.No.1070/A1/2002 dated 31.7.2002 and quash the same as per as the petitioners school is concerned. (W.P.No.38250/2002)
(13) calling for the records in Na.Ka.No.1017/A1/2002dated 3.10.2002 passed by the 4[th] respondent and the order of thethird respondent in Na.Ka.No.8441/A1/2001 dated 28.9.2002 and quashthe same. (W.P.No.39134/2002)
(14) calling for the records of the 1[st] respondent inNa.Ka.No.7181/B2/2002 dated 28.9.2002 and quash the same.(W.P.No.39405/2002).
(15) calling for the records of the first respondent inNa.Ka.No.5468/A2/2002 dated 18.10.2002 and quash the same(W.P.No.39854/2002).
(16) calling for the records made inNa.Ka.No.5468/A2/2002 dated 18.10.2002 of the second respondent andquash the same. (W.P.No.39906/2002)
(17) calling for the records connected withRc.No.7277/A4/2001 dated 7.12.2001 on the file of the firstrespondent herein and to quash the said order . (W.P.No.41974/2002)
(18) calling for the records of the third respondentissued in his proceedings Na.Ka.No.9640/A4/2002 dated 26.11.2002quash the same in so far as declaring 5 B T Assistants Posts andone post of Physical Education teacher as surplus for the academicyear 2002-2003. (W.P.No.45226/2002).
(19) calling for the records of the second respondentherein made in Na.Ka.No.3781/Aa2/2001 dated 4.10.2002 and 23.8.2002and quash the same. (W.P.Nos.45514/2002, 45515/2002).
(20) calling for the records connected withR.C.No.4245/A3/2002 dated 18.12.2002 isued by the DistrictElementary Educational Officer, Ramanathapuram in so far as thepetitioner is concerned (W.P.No.159/03, 160/03)
(22) calling for the records connected in with theorders of the District Elementary Educational Officer Tuticorin inhis Rc No.6573/A1/2001 dated 30.7.2002 and to quash the order in sofar as the petitioner is concerned (W.P.No.6822/03)
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(23) calling for the records connected with theproceeding of the District Elementary Education Officer, Salem -7in Rc.No.8441/A1/2001 dated 28.9.2002 and to quash the said order(w.P.7853/03)
(24) calling for the records relating to proceedings ofthe first respondent in RC No.9535/A3/02 dated 10.1.2003 in so faras rendering a post of B.t. Assistant (Maths) in the petitionerschool as surplus and consequential communication issued by thefirst respondent in Na.Ka.No.8624/A4/2002 dated 8.3.2003 and quashthe same as illegal. (W.P.No.8993/2003.)
(5) dated 25.12.2001 and made in Na.Ka.No.3666/A3/2001(W.P.No.6594/2002) respectively and quash the same and consequentlydirect the respondents herein to implement the Government order inG.O.Ms.No.525 in accordance with the Judgment rendered inW.A.No.1768 of 1998 on the file of this court (W.P.Nos.25369,25370 of 2001 and 674 to 676 and 6594 of 2002).
2. calling for the records on the file of the second respondent inconnection with the proceedings Na.Ka.No.4699/aa2/01 dated26.12.2001 and quash the same and consequently direct therespondents to permit the petitioner to run the school with theavailable teachers (WP.No.286/02, 503, 520, 521, 523 to 526/2002)
3. calling for the records relating to the order of the secondrespondent passed in his proceedings Na.Ka.No.103720/C.5/C.20/2001dated 15.4.2002 quash the same and consequently direct theRespondents 4 to 8 to assess the Staff strength of aided schoolsstrictly in accordance with G.O.Ms.No.525, Education, dated27.12.1997 and the amendments issued and also as per G.O.Ms.No.1820Education Department, dated 2.11.1984 by assessing the average
Page 8 of 17
strength of the August of the academic year (WP.No.30440/02);
4. calling for the records pertaining to the impugned order of thefirst respondent passed in Na.Ka.No.6921/A3/2001 dated 11.6.2002and the order of the second respondent passed in Na.Ka.No.297/2002dated 7.8.2002 and quash the same and consequently directing therespondent to allow the petitioner to continue the service in thirdrespondent school or in any other vacancy within the administrativeUnit of the second respondent including the fourth respondentschool (WP.33552/2002).
5. calling for the records on the file of the second respondent inconnection with the proceedings Na.Ka.No.4203/A3/2002 dated13.9.2002 and quash the same and consequently direct therespondents to permit the petitioner to run the school with theavailable teachers without any deployment (WP.36767/2002)
6. calling for the records of the third respondent in hisproceedings No.915/A2/2002 dated 29.7.2002 quash the same anddirect the respondents 2 and 3 to grant approval and sanction forthe absorption of the petitioners herein in the vacancy existingthe 4th respondent Management School (WP.37020/2002)
7. calling for the records relating to the order of the thirdrespondent passed in his proceedings in Na.Ka.No.7203/A4/2002 dated23.9.2002 and Na.Ka.No.7574/A1/2002 dated 3.10.2002; respectivelyand quash the same and direct the respondents to fix the staffstrength of each school in the petitioners TDTA Management Schoolsof Tirunelveli District and Tuticorin District respectively interms of para 30 of WA.No.1768/98 etc. batch Judgment dated9.11.2000 sanction additional posts to all the needy schools of thepetitioner Management taking note of retirement vacancies arosefrom 2002-2003 (WPs.39858/2002 & 39859/2002)
8. calling for the records relating to Na.Ka.No.6573/B1/2001dated 23.10.2002 of the third respondent herein and quash the sameand direct the respondents 1 to 4 to fix the staff strength of thepetitioner school in terms of para 5 of G.O.Ms.No.525, EducationDepartment dated 29.12.1997 based on the strength (Roll) of pupils.(WP.40290/2002)
9. calling for the records from the first respondent relating tohis proceedings O.M.No.3238/A3/2002, dated 9.8.2002, and quash thesame and consequently further direct the first respondent to postthe petitioner herein in any of the school maintained by theGovernment within Virudhunagar Panchayat Union or its neighbourhoodPanchayat Union with pay protection (WP.42308/2002)
10. calling for the records relating to the order of the secondrespondent Na.Ka.No.103720/C5C20/2001 dated 15.4.2002 and theconsequentproceedingsofthe4threspondentD.E.O.Na.Ka.No.2015/A2/02 dated 28.8.2002 withdrawing the posts of 1-B.7,Assistant (History) and 1 post of PET in the petitioner school,quash the same and consequently direct the third respondent hereinto revise the staff fixation in the light of the norms set out bythe first respondent Government under G.O.Ms.No.525, Educationdated 27.12.1997 and the amendments issued and also as perG.O.Ms.No.1820 dated 2.11.1984 by assessing the average strength ofthe August of the academic year and the Judgment of this courtdated 9.11.2000 in WA.No.1768 of 1998 etc. within a reasonable timeas may be specified by this Court (WP.44608/2002)
11. calling for the records made in Na.Ka.No.986/A1/2002 dated16.8.2002 on the file of the third respondent and quash the sameand forbear the second respondent from redeploying the followingteachers from the petitioners School (1) R.M.Vasuki (2) P.Kalavalli(3) P.Somasundaram (4) R.Shanthi (5) T.Muthumeenal (WP.44759/2002).
12. calling for the records of the third respondent issued inNa.Ka.No.5787/A4/2002 dated 31.10.2002 and the consequentialdirection to appear for counselling issued in Na.Ka.No.5787/A4/2001dated 23.12.2002 and 27.12.2002 (WP.No.855/2003) quash the same andconsequently direct the third respondent to fix the staff strengthof the fifth respondent schools in accordance with G.O.Ms.No.525,Education, dated 29.12.1997 as interpreted by this Court (WPs.46680to 46683 of 2002, 855 to 858/2003)
13. calling for the records of the fourth issued inNa.Ka.No.8524/A2/2002 dated 17.10.2002 in so far as declaring onesecondary grade post as surplus and not sanctioning oneB.T.Assistant (Maths) and one Tamil Pandit are concerned and directthe respondents herein to sanction one B.T.Assistant (Mathematics)from 1.6.1998 and second Tamil Pandit Post from 14.9.1999 andconsequently to approve the appointments of B.Maybal SakaunthalaasB.T.Assistant (Mathematics) and Starry Ido Kumari as Tamil Panditrespectively with salary and other benefits (WP.1272/2003)
Page 9 of 17
14. calling for the record of the third respondent issued inNa.Ka.No.9644/A4/2002 dated 29.11.2002 and the consequentialdeploymentorderissuedbythe4threspondentinNa.Ka.No.3701/A2/2002 dated 10.1.2003 and quash the same in so faras declaring one B.T. Asst. (Science) as surplus and deployment anddirect the third respondent to sanction one additional B.T.Asst.Post to the petitioner School from 1.6.2002 based on thestrength in accordance with G.O.Ms.No.525, Education dated29.12.1997 (WP.No.1632/03)
15. calling for and examine the entire records of the 3rdRespondent's order in Na.Ka.No.7181/B2/2002 dated 28.9.2002 and the5th Respondent's order in Na.Ka.No.1705/A1/2002 dated 3.10.2002 andto quash the same, consequently directing the Respondents 1 to 5 tofix the Pupils ratio in terms of para 5 of G.O.Ms.No.525, SchoolEducation Department dated 29.12.1997 based on the strength of thepupils (WP.No.3588/03).
16. calling for the records of the third respondent issued inNa.Ka.No.7401/A2/2002 dated 1.8.2002 and the consequential orderissued in Na.Ka.No.6573/A1/2001 dated 23.10.2002 and quash the sameand consequently direct the third respondent to fix staff strengthof the petitioner's school in accordance with G.O.Ms.No.525Education, dated 29.12.1997 as interpreted by this Court(WP.No.4321/03).
17. calling for and examining the entire records of the thirdrespondent's order in Na.Ka.No.7181/B2/2002 dated 13.11.2002 and toquash the same, consequently directing the Respondents 1 to 5 tofix the pupils ratio in terms of para 5 of G.O.Ms.525, SchoolEducation Department dated 29.12.1997 based on the strength of thepupils (WP.No.4371/2003)
18. calling for the records relating to Na.Ka.No.6573/B1/2001 dated23.1.2003 and 24.3.2003 respectively of the third respondent hereinand quash the same and direct the respondents not to accord directpayment to the teachers of the petitioner school contrary toG.O.Ms.No.525 Education dated 29.12.1997 (WP.No.5918/2003,10292/03)
19. calling for the records relating the impugned order of transferissued by the third respondent in Na.Ka.No.6842/A2/2001 dated01.2003 signed on 17.2.2003 quash the same and consequently directthe respondents to follow the norms prescribed in G.O.Ms.525 dated29.12.1997 by retaining the petitioner in the 5th Respondent Schoolas a Secondary Grade Teacher. (WP.No.7079/03).
20. calling for the record on the file of the fourth and thirdrespondents respectively in connection with the order dated27.2.2003 made in O.A.No.3262/02 and 3496/02 on the file of thesecond and first respondents respectively in connection with hisproceedings Na.Ka.No.2010/A4/2002 dated 9.6.2002 and quash the sameand consequently permit the petitioner to continue in the samestation without any interference (WP.No.9299/03, 10609/03).
21. calling for the records on the file of the second respondent inconnection with his proceedings in Na.Ka.No.2010/A4/2002 dated 9.6.2002 and 10.6.2002 (WP.No.9858/03) and on the file of thefourth respondent in connection with the order dated 27.2.2003 inOA.Nos.3227/02, 3296/02, 3228/02, 3263/02, 3127/02, 3268/02 and3226/02 and quash the same and consequently permit the petitionersto continue in the same station without any interference(WP.No.9857, 9858, 9991, 9993, 9994, 10038, 10057/03)
22. calling for the records of the second respondent dated14.12.2002 made in Na.Ka.No.10715/A3/2002-2003 and quash the sameand consequently direct the second respondent to grant the staffstrength as contained for the academic year 2001 -2002 for the 1stwrit petitioner's School in terms of the Inspection Report dated18.11.2002 of the third respondent (WP.No.11295/03)
23. calling for the records relating to the order passed by thethird respondent in the proceedings Na.Ka.No.9651/A4/2002 andNa.Ka.No.10757/A4/2003 respectively dated 12.11.2002 and quash thesame in so far as declaring B.T. Assists Post (Science) as surplusin L.M.S. Higher Secretary School, Zionpuram and Methicode,respectively of the petitioner Management is concerned and directthe third respondent to fix staff strength of the school as perthe norms issued in G.O.Ms.No.525 Education dated 29.12.1997(WP.Nos.14439 and 14440/03).
24. calling for the records relating to the order dated 25.4.2004issued by the first respondent in his proceedingsNa.Ka.No.3187/A3/03 confirming the earlier order issued by him andNa.Ka.No.9535/A3/02 dated 10.1.2003 in so far as rendering one postof secondary grade Teacher as surplus as illegal and to direct thesecond respondent to approve the appointment of S.S.Herlin Latha asSecondary Grade teacher w.e.f her date of appointment in 12.8.2002(WP.No.19903/03), and
Page 10 of 17
25. calling for the records relating to the proceedings of thethird respondent, District Educational Officer, Kuzhithurai inNa.Ka.No.07199/A3/2003 dated 6.10.2003 settling the staff fixationfor the petitioner school for the year 2003 - 2004 quash the samein so far as it render three posts of Secondary Grade teachers assurplus, and further direct the third respondent herein to maintainthe staff strength in terms of G.O.Ms.No.525 (School Educationdated 29.12.1997 and the judgment of this Court dated 9.11.2000 inWA.No.1768/98 etc. (WP.No.34658/03).
III Mandamus
(i) directing the first respondent to upgrade the petitionerexisting post with other monetary benefits from 1.6.1998 in termsof G.O.Ms.525 School Education (D1) Department dated 29.12.1997.(WP.No.13023/02).
(ii) directing the respondents to refrain from disturbing thepetitioner an approved Secondary Grade Teacher - from the 4thRespondent School and desist from redeploying her to any otherSchool in contravention of G.O.Ms.525 (School Education) dated29.12.1997 (WP.No.35405/02)
(iii) Forbearing the respondents from transferring any of theteaching posts with teachers from the petitioner school to anyother school in the guise of Surplus posts (WP.No.35745/02).
(iv) direcing the respondents to stop further deployment ofteachers who were treated as surplus till the final decisionregarding the pupil teachers ratio. (WP.No.37441/2002).
(v) direcing the respondents 1 and 2 herein to approve theappointment of Tamilselvi, as Tamil Pandit appointed on 11.8.1997with salary and to pass as order of new appointment of one moreTamil Pandit in the petitioner school with salary and all otherattendant benefits from the date of appointment as per para 5 ofG.O.Ms.No.525, School Education, dated 29.12.1997 and as per letterNo.21727/D1/2001-1 dated 17.9.2001 of the first respondent herein.(WP.No.14757/03).
ORDER:
These Writ Petitions coming on for hearing on Tuesday, theFifteenth day of November 2005 upon perusing the petitions and therespective affidavits filed in support thereof and upon hearing thearguments of Mr.C.Selvaraj, Senior Counsel for Mr.S.Kamadevan,Advocate for the petitioner in WP.Nos.17732/99, 38250/2002 and forMr.M.S.Mani, Advocate for the petitioner in WP.No.23625 of 2002 andof Mr.K.Ravichandra Babu, Advocate for the Petitioner inWP.Nos.23514/2001, 23389, 30305, 39858, 39859, 45226, 46680 to46683 of 2002 and 1272/2003, 1632/2003, 4321/2003, 14439 and 14440of 2003 and of Mr.K.Vijayakumar, Advocate for the Petitioner inWP.Nos.855/2003 to 858 of 2003 and of Mr.A.Jenasenan, Advocate forthe Petitioner in WP.Nos.25369/2001, 25370/2001, 674/2002 to 676 of2002, 6594 of 2002 and of Ms.T.Aananthi, Advocate for thePetitioner in WP.Nos.286,503,520,521,523 to 526, 36767 of 2002 and9299, 9357, 9858, 9991, 9993, 9994, 10038, 10057 & 10609 of 2002and of Mr.A.Ilango, Advocate for the Petitioner in WP.No.1983/2002and of Mr.P.Rajendran, Advocate for the Petitioner in WP.No.3022 &3023 of 2002 and of Mr.M.J.Sundar, Advocate for the Petitioner inWP.No.13023 of 2002 and of Mr.K.Srinivasan, Advocate for thePetitioner in WP.Nos.29775/2002, 34149/2002 and of Mr.R.Ganesan,Advocate for the Petitioners in WP.Nos.29838,29893, 32100,37441,41974 of 2002 and 159, 160, 6822 & 7853 of 2003 and ofMr.T.S.Sivagnanam, Advocate for the Petitioner in WP.No.30440/2002
and of Mr.S.James, Advocate for the Petitioner in WP.Nos.32916 to32919 of 2002 and of Mr.V.Kathiravan, Advocate for the Petitionerin WP.No.33552 of 2002 and of Mr.Suresh Viswanath, Advocate for thePetitioner in WP.Nos.35103 to 35105/2002 and of Mr.Isaac Mohanlal,Advocate for the Petitioner in WP.No.35405 of 2002 and ofMr.S.Silambanan, Advocate for the Petitioner in WP.No.35745 of 2002and of Mr.K.V.Subramanian, Advocate for the Petitioner inWP.No.37020 of 2002 and of Ms.R.T.Shyamala, Advocate for thePetitioner in WP.No.39134 of 2002 and of Mr.G.Jeremiah, Advocatefor the Petitioner in WP.Nos.39405, 39854 of 2002 and ofMr.R.Santhanam, Advocate for the Petitioner in WP.No.39906 of 2002and of Mr.R.Dharmaraj for M/S.Dharmaraj & Associates, Advocate forthe Petitioner in WP.Nos.40290/2002, 5918/2003, 10292, 14757 of2003 and of Mr.V.Venkatasamy, Advocate for the Petitioner inWP.No.42308 of 2002 and of Mr.S.Giridharan, Advocate for thePetitioner in WP.No.44608/2002 and of Mr.S.N.Ravichandran, Advocatefor the Petitioner in WP.No.44759 of 2002 and of Mr.SrinathSridevan, Advocate for the Petitioner in WP.Nos.45514 & 45515/2002and of Mr.M.Chidambaram, Advocate for the Petitioner in WP.Nos.3588& 4371 of 2003 and of Mr.S.N.Ravichandran, Advocate for thePetitioner in WP.No.6229 of 2003 and of Mr.K.S.Kumar,WP.No.7079/2003 and of Mr.Ajmalkhan, Advocate for the Petitioner inWP.Nos.8993/2003 & 19903 of 2003 and of Ms.G.Thilakavathi,Advocate for the Petitioner in WP.No.11295 of 2003 and ofMr.C.Mohanlal, Advocate for the Petitioner in WP.No.34658 of 2003and of Mr.R.Muthukumarasamy, Additional Advocate General assistedby Mr.V.Karthikeyan, Additional Government Pleader (Edu) on behalfof the Government and having stood over for consideration till thisday, the Court made the following Order:
Page 11 of 17
COMMON ORDER
Since the issue raised in all these writ petitions is oneand the same, they are being disposed of by the following commonorder.
2. The above batch of writ petitions have been filedquestioning the orders passed by the educational authoritiesdirecting deployment of teachers found surplus in the respectiveschools based on G.O.Ms.No.525 Education Department, dated29.12.1997.
3. The facts leading to filing the above writ petitions are as follows:
(a) The writ petitioners are either the respective schoolmanagements or the deployed teachers, who question the
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orders passed by the authorities. On 29.12.1997, theGovernment had issued orders in G.O.Ms.No.525 SchoolEducation, prescribing revised norms for sanctioning therequired number of posts in the Elementary / Middle /High and Higher Secondary Schools for purposes of aid.The writ petitions are mostly related to Elementary andMiddle Schools, to which the norms for sanction ofrequired number of posts of teachers are common. As perthe aforesaid Government Order, the teacher-pupil ratio,1:40 was required to be followed with a minimum of 2secondary grade teachers upto the strength of 80. TheGovernment Order further provided that for everyadditional strength of 40 students, one post of secondarygrade teacher will be sanctioned. The order furtherdirected that the third post will be sanctioned when thestudent strength reaches 100 and the fourth andsubsequent post will be sanctioned for every addition of40 students.
(b) The Government Order and the directions issued by theGovernment stipulate that the strength of the studentswill be examined by taking into account the averageattendance for the month of August. It was furtherprovided that in the event of there being excessiveteachers, the surplus teachers will be deployed to theneighbouring schools.
(c) The aforesaid Government Order was questioned in a batchof writ petitions. By order dated 06.10.1998, this Courtupheld the validity of the above Government Order. WritAppeals (W.A.No.1768 of 1998 etc., batch) filed againstthe said orders were also dismissed by order dated09.11.2000.
4. It is brought to our notice that the Government Orderin G.O.Ms.525 was directed to take effect from 01.06.1998. Onaccount of the pendency of the writ petitions and thereafter thewrit appeals, no action could be taken to implement the GovernmentOrder till 09.11.2000. After the dismissal of the writ appeals,action was taken to implement the Government Order. Afterascertaining the average attendance of students in August, 2001,orders were issued by the educational authorities deploying theexcess teachers wherever found, to the neighbouring schools. Thoseorders were challenged in this batch of writ petitions.
5. While disposing of the writ appeals, the earlierDivision Bench has taken note of a circular issued by theeducational authorities and observed that schools will be entitledto a third teacher when the strength is 81. The said circular issued in 1998 was plainly inconsistent with the Government Orderand the said circular was rescinded even in December, 1998.However, the Division Bench, while rendering judgment in the writappeals, took note of the said circular and observed that schoolswith student strength of more than 80 would be entitled to a thirdteacher when the strength is 81 and thereafter one teacher forevery additional 40 students. In this regard, a clarificationpetition, viz., WAMP.No.5667 of 2003 was filed by the Government,was heard by a Division Bench, which ultimately passed orders on12.05.2004, clarifying the order passed in the writ appeals to theeffect that the third teacher will be sanctioned only when thestudent strength is 101 and thereafter the school will be entitledto one teacher for every addition of 40 students, viz., 140, 180,220, etc.
6. It is the case of the petitioners that the educationalauthorities had implemented the Government Order strictly fromAugust 2001 by taking into account the provisions contained in thesaid Government Order and they did not take note of the circularissued by the authorities in February, 1998, which was rescindedeven in December, 1998.
7. The contention of the writ petitioners in the batch ofwrit petitions is twofold.
(a) Firstly, they contend that since the Division Benchjudgment in the writ appeals had referred to theentitlement of a third teacher when the studentstrength is 81, which had been corrected in theclarification petition in 2003 only, the impugnedorders passed in 2001 or 2002 should be set asideand the authorities should be directed to perform are-exercise by testing the student strength as ofAugust 2005 and pass fresh orders.
(b) Secondly, having regard to the fact that there hadbeen change of circumstances by efflux of time asthere would have been retirement etc., of theexisting teachers who continued on account of stayorders, it is just and necessary that a re-exerciseis to be done so that the student and the teachersstrength as on August 2005 be taken into accountbefore passing appropriate orders by theauthorities. It is further contended that by doingthis exercise there will be no prejudice caused toanybody.
8. So far as the first contention is concerned, theobservation by the Division Bench judgment to the effect that the
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schools will be entitled to a third teacher when the studentstrength is 81 was based on a circular which was rescinded evenin 02.12.1998 and having regard to the fact that the authoritieshad implemented only the Government Order strictly according toits terms from August, 2001, there is no necessity to perform theexercise again. Further, the clarification petition and theorder passed did not affect the impugned orders, since theimpugned orders were passed strictly on the basis of theGovernment Orders, according to which the schools are entitled toa third teacher only when the student strength is 101 andadditional teacher for every additional strength of 40.
9. With regard to second contention, even though theG.O.Ms.No.525 came into effect from 01.06.1998, it could not beimplemented on account of pendency of writ petitions and writappeals till November, 2000. After the dismissal of the writappeals, the Government Order had been implemented by taking intoaccount the strength of students in August 2001. It is perfectlyvalid, since the Government Order has been upheld and the same hadbeen implemented in accordance with law and therefore no exceptioncan be taken by the petitioners. The fact that there has beenincrease in the strength of students subsequently or number ofteachers has dwindled by retirement, etc., cannot be a ground toinvalidate the impugned order. It is also the submission of theGovernment that in the event of any particular order beingincorrect and inconsistent with the Government Order inG.O.Ms.No.525, they had been corrected by appropriate orders. Asthe Government Order has been upheld finally and that theGovernment have implemented the Government Order strictly inaccordance with its terms, the impugned orders cannot beinvalidated and the respondents need not be directed to re-do theexercise.
10. In all the writ petitions, the petitioners, viz.,School Managements and the Teachers are having no grievanceregarding the order of the Government in G.O.Ms.No.525 EducationalDepartment dated 29.12.1997. According to them, while ascertainingthe Teacher-Pupil strength, the educational authorities have failedto consider various aspects. As rightly pointed out by the learnedAdditional Advocate General, the earlier Division Bench,particularly in the clarificatory order dated 12.05.2004, explainedthat as per G.O.Ms.No.525, the Teacher -Pupil ratio is 1 : 40 andonly when the pupil strength is 80, second teacher post will besanctioned and likewise, when the strength is 100, 3[rd] teacher postwill be sanctioned and the 4[th] teacher post at 140, 5[th] teacher postat 180 and so on. We have also verified the impugned orders passedby the various educational authorities and we are satisfied thatthey were passed strictly on the basis of the Government Order,according to which the schools are entitled to third teacher only when the student strength is 101 and an additional teacher for theadditional strength of 40 students.
11. The other contention that the Educational Authoritiesfailed to consider the change of circumstances by efflux of time,viz., retirement, voluntary retirement, death, etc., is concerned,we are of the view that after verification, if student strengthis found increased, it is always open to the school authorities tohighlight the same to the concerned educational authority /authorities by placing acceptable materials. If any suchrepresentation is made supported by acceptable evidence, it is forthe educational authority / authorities to consider and passappropriate orders, modifying their earlier decision.
12. Under these circumstances, we do not find any validground for interference in the orders of the respondents. We aresatisfied that all the orders have been passed based onG.O.Ms.No.525 Educational Department dated 29.12.1997, which hasbeen upheld by the Division Bench of this Court. As said earlier,in the case of retirement, voluntary retirement or death of ateacher and if there is any increase in pupils strength, the schoolmanagement is free to represent the same to the educationalauthority and if any such representation is made, the concernededucational authority is duty bound to pass appropriate orders,after inspection and verification.
13. It is brought to our notice that in all the writpetitions, by virtue of interim orders granted by this Court, thedeployed teachers were allowed to continue in the same schools.Considering the interest of the students studying in the respectiveinstitutions, we permit all the teachers concerned to continue ifthey so desire in the respective schools till the end of April,2006. It is made clear that the respondents are free to implementtheir orders from 01.05.2006 onwards.
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With the above observations, the writ petitions aredismissed. No costs. Connected miscellaneous petitions are alsodismissed.
/true copy/
Sub Asst.Registrar
To
1. The Secretary to Govt. of Tamil Nadu,Education Department, Secretariate, Chennai 9.
2. The Director of Elementary Education,Chennai 6.
3. The District Elementary Educational Officer,Tirunelveli.
4. The District Elementary Educational Officer,Madurai – 2, Madurai District.
5. The Assistant Elementary Educational Officer,Madurai (North) Range, Madurai.
6. The District Elementary Educational Officer,Cuddalore.
7. The Assistant Elementary Educational Officer,Neyveli.
8. The Assistant Elementary Educational Officer,Kattumannarkoil.
9. The District Elementary Educational Officer,Nagapattinam, Nagapattinam district.
10. The Assistant Elementary Educational Officer,Bhuvanagiri.
11. The Assistant Educational Officer,Vedaranyam Taluk, Nagapattinam District.
12. The District Elementary Educational Officer,Coonoor, The Nilgiris District.
13. The Director of School Education,College Road, Chennai 6.
14. The Chief Educational Officer,Nagercoil, Kanyakumari District.
15. The Assistant Elementary Educational Officer,Kumaratchi, Cuddalore District.
Page 15 of 17
16. The Additional Assistant Elementary Educational Officer,Keerapalayam, Cuddalore District.
17. The District Elementary Education Officer,Tuticorin District.
18. The Assistant Elementary Education Officer,Pudukottai, Tuticorin District.
19. The District Elementary Educational Officer, Thoothukudi District at Thoothukudi.
20. The District Elementary Educational Officer, Dindigul District.
21. The District Elementary Educational Officer, Nagercoil, Kanyakumari District 629 001.
22. The Assistant Elementary Educational Officer, Madurai East Range, Near Cinipriya Theatre, Madurai.
23. The Additional Assistant Elementary Educational Officer, Kodayam, Tirunelveli District 627 415.
24. The Assistant Elementary Educational Officer, Alwar Thirunagari at Thenthiruperai, Tuticorin District.
25. The District Elementary Educational Officer, Salem 7.
26. The Assistant Elementary Educational Officer, Ambasamudram, Tirunelveli District.
27. The Assistant Elementary Educational Officer,Alangulam Range, Tirunelveli District.
28. The District Elementary Educational Officer(Incharge),Vellore District, Vellore.
29. The Additional Assistant Elementary Educational Officer, Sholinghur Range,Vellore District.
30. The District Elementary Educational Officer, Vellore.
31. The Assistant Elementary Educational Officer, Turicorin (Urban),Tuticorin 628 002.
32. The District Elementary Educational Officer, Villupuram.
33. The Assistant Elementary Educational Officer, Thiruvannainallur, Villupuram District.
34. The District Elementary Educational Officer, Office of The District Elementary Education,District Collectorate Compound, Virudhunagar.
35. The Additional Assistant Elementary Educational Officer, Virudhunagar.
36. The District Educational Officer, Kuzhithurai, Kanyakumari District.
37. The Assistant Elementary Educational Officer, Karingal and Post, Kanyakumrai District.
38. The District Elementary Educational Officer, Ramanathapuram.
39. The District Elementary Educational Officer, Sivaganga.
40. The Additional Assistant Elementary Educational Officer,Kallal, Sivanganga District.
41. The Additional Assistant Elementary Educational Officer, Nagercoil, Kanyakumari District.
42. The District Educational Officer, Nagercoil, Kanyakumari District.
43. The District Educational Officer, Thuckalay, Kanyakumari District.
44. The Additional Assistant Elementary Educational Officer, Alwarthirunageri Range, Thenthiruperai & Post,Tuticorin District.
45. The Additional Assistant Elementary Educational Officer, Tirunelveli.
46. The Additional Assistant Elementary Educational Officer, Othapidaram.
47. The Additional Assistant Elementary Educational Officer, Radhapuram 627 111, Tirunelveli District.
48. The Assistant Elementary Educational Officer, Salem 7.
49. The Additional Assistant Elementary Educational Officer, Vedaranyam, Nagapattinam.
50. The Registrar,Tamil Nadu Administrative Tribunal,High Court Campus, Madras.
51. The Assistant Elementary Educational Officer,Vedaranyam, Nagapattinam District.52. The Chief Educational Officer,Tirunelveli District, Tirunelveli-9.53. The District Educational Officer, Tenkasi, Tirunelveli District.54. The Chief Educational Officer,Tuticorin District, Tuticorin 2.55. The District Educational Officer, Tuticorin District, Tuticorin 628 003.56. The District Educational Officer,Tiruchendur Road, Tuticorin -628 003.57.The Assistant Elementary Educational Officer,Vridhachalam.
58. The District Elementary Educational Officer,Theni.
Page 16 of 17
59. The Assistant Elementary Educational Officer,Cumbum, Theni District.60.The District Educational Officer,Nagercoil, Kanyakumari District.
61. The Assistant Elementary Educational Officer,Devakottai.
+15ccs to Ms. T.Aananthi, Advocate Sr Nos.191 to 199 & 204 to 208
+2ccs to Mr.K.Srinivasan, Advocate Sr Nos.297 & 298
+2ccs to Mr.M.Chidambaram, Advocate Sr 50809 & 50810
+2cc to Mr.S.N.Ravi Chandran, Advocate Sr 212 & 213
+4ccs to M/s.R.Dharma Raj & Association, Advocate Sr 108 to 111
+2ccs to Mr.K.Ravichandrababu, Advocate Sr 50843 & 50843
+1cc to Mr.K.Vijeyakumar, Advocate Sr 50842
+1cc to Mr.A.Ilango, Advocate Sr 50862
+1cc to Mr.Veera Kathiravan, Advocate Sr 68
+1cc to Mr.S.Silambanan, Advocate Sr 146
+1cc to Mr.S.Mani, Advocate Sr 225
+1cc to Mr.A.Jenasenan, Advocate Sr 50765
+1cc to M/s. G.Thilakavathi Advocate Sr 50856
+1cc to Mr.R.Ganesan, Advocate Sr 50855
+3ccs to Govt. Pleder Sr 14,15 & 17
gp,rvl,km,kk,nm,dv,sr,rsm/1.2.06
Dismissing with observation thewrit petitions to issue writs ofCertiorari, Certiorarified Mandamusand Mandamus etc. as stated within.
Page 17 of 17
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