1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(md).No.10281 of 2011 Sri Meenakshi Sundareswarar Vidyasala Higher Secondary School, rep. By its Secretary, P.B.No.14. Karaikudi, Sivagangai District. : Petitioner Vs. 1.The Director of School Education, Chennai-6. 2.The Chief Educational Officer, Sivagangai, Sivagangai District. 3.The District Educational Officer, Devakottai, Sivagangai District. : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the first respondent to upgrade one post of Physical Education Teacher as one of Physical Director Grade-I with effect from 17.04.2003 by considering the representation dated 04.02.2011 and confer all the consequential benefits. For Petitioner:Mr.V.Panneerselvam for M/s.C.S.Associates For Respondents:Mr.S.Chandrasekar Government Advocate ORDER Placing reliance on G.O.Ms.No.525 School Education (D1) Department dated 29.12.2007 and the subsequent clarification issued in G.O.(4D).No.1 dated 21.01.2000, and on the students strength, for the academic years 2002 and 2003, on standards 9 to 12, the petitioner has sought for a mandamus directing the Director of School Education, Chennai, to upgrade one post of Physical Education Teacher, as one of Physical Director Grade-I with effect from 17.04.2003 by considering the representation dated 04.02.2011. 2.Opposing the said relief sought for, Mr.S.Chandrasekar, learned Government Advocate, submitted that unless the school strength is over 400 exclusively in higher secondary sections, there is no legal right for the school to insist upgradation. https://hcservices.ecourts.gov.in/hcservices/ 2 3.Though the petitioner has sought for a mandamus, learned counsel for the petitioner submitted that it is suffice that a direction is issued to the first respondent to consider the representation dated 04.02.2011 and pass appropriate orders, in the light of the above said Government Orders. 4.As per clause IV (f) of the G.O.M.S.No.525, School Education (D1) Department dated 29.12.1997, for schools with a strength of over 400, one post of Physical Director has to be given by upgradation of the existing post of Physical Education Teacher. When the Government considered to issue of distribution of 94 posts of Physical Education Directors Grade I and Grade II, in Government, Corporation and Aided Schools, orders have been issued in G.O.(4D).No.1 dated 21.01.2000 to the effect that the Director of School Education, Chennai, to ascertain the students strength of standards 9 to 12 and ordered that if it is not lower than 400, then the distribution of the above said post of Physical Education Director Grade I and Grade II can be considered. While filling up the abovesaid posts, the Director of the School Education, Chennai has been further directed to ascertain as to whether the teachers, satisfy the required educational and other qualifications and also directed to verify as to whether correct seniority list has been prepared as per the rules. 5.The petitioner, in his representations dated 18.10.2010 and 04.02.2011, addressed to the Director of School Education, Chennai, has contended that the students strength of standards 9 to 12 exceeds 400 as prescribed by the G.O.(4D).No.1 dated 21.01.2000. 6.In the light of the abovesaid Government Orders and also without recording any finding of observation as to whether the petitioner school is entitled for upgradation of one post of Physical Director with effect from 17.04.2003 or not, a mere direction is issued to the first respondent to consider the petitioner's representation dated 04.02.2011, in the light of the Government Orders stated supra, and pass appropriate orders, after making perusal of relevant records relating to students strength in the school and the Department of Education, within a period of two months from the date of receipt of a copy of this order. The respondents 2 and 3, shall furnish all necessary particulars, maintained by them for the purpose of disposal of the representation dated 04.02.2011 within a time fixed by this Court. 7.With the above observation, this Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Director of School Education, Chennai-6. 2.The Chief Educational Officer, Sivagangai, Sivagangai District. 3.The District Educational Officer, Devakottai, Sivagangai District +One CC to The Spl Govt. Pleader, SR.No.30913 +One Cc to M/s.C.S.Associates, Advocate, SR.No.31074 vs rl/6 c- 26.9.2011 W.P.(MD)No.10281 of 2011 09.09.2011 https://hcservices.ecourts.gov.in/hcservices/