1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH W.A.(MD).No.136 of 2011 and M.P.No.1 of 2011 1.The Chief Educational Officer, Ramanathapuram, Ramanathapuram District. 2.The District Educational Officer, Paramakudi, Ramanathapuram District. : Appellants/Respondents 1 & 2 Vs. 1.S.Prabhu : 1st Respondent/Petitioner 2.Correspondent, Sacred Heart Higher Secondary School, Thiruvarangam 623 712, Ramanathapuram District. : 2nd Respondent/3rd Respondent PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 30.07.2010 made in W.P.(MD).No.3879 of 2009 on the file of this Court. WP(MD)No.3879 of 2009 Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records pertaining to the order passed by the first respondent in Na.Ka.No.6576/Aa/2/08 dated 27.11.2008 and quash the same and consequently direct the respondents to approve the appointment of the petitioner as Physical Education Teacher in the third respondent school from the date of appointment with all the consequentialbenefits. For Appellant : Mr.M.Rajarajan Government Advocate For Respondents : Mr.V.Panneerselvam JUDGMENT [Judgment of the Court was delivered BY N.PAUL VASANTHAKUMAR, J] This Writ Appeal is directed against the order dated 30.07.2010 made in W.P.(MD).No.3879 of 2009. 2. The first respondent herein filed the said Writ Petition challenging the order passed by the first appellant herein and for a consequential direction to the appellants to approve the appointment of the first respondent as Physical Education Teacher in the second respondent school from the date his appointment with all consequential benefits. 3. A learned Single Judge, by order dated 30.07.2010, allowed the said Writ Petition holding that the second respondent aided school is having total students strength of 489 in Higher Secondary Sections and in High School Sections, the total students strength is 1343. As per the norms https://hcservices.ecourts.gov.in/hcservices/ 2 prescribed, if the students strength exceeds 400, in Higher Secondary School, one Physical Director is permissible. The learned Single Judge, following a Judgment of a Division Bench of this Court in Director of School Education v. K.Uma reported in 2010 (2) MLJ 277, quashed the impugned order passed by the first appellant and directed the appellants to approve the appointment of the first respondent as Physical Education Teacher. 4. We are in full agreement with the view taken by the Division Bench in the said Judgment, cited supra, and the learned Single Judge while allowing the Writ Petition has rightly relied on the said Judgment. There is no merit in the Writ Appeal and the Writ Appeal is dismissed. The appellants are directed to implement the order of the learned Single Judge dated 30.07.2010 made in W.P.(MD).No.3879 of 2009 within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar (P & A) /True copy/ Sub Assistant Registrar(C.S) To 1.The Chief Educational Officer, Ramanathapuram, Ramanathapuram District. 2.The District Educational Officer, Paramakudi, Ramanathapuram District. +1 CC to Mr. V.Panneerselvam, advocate, Sr.No.4186 +1 CC to Special Government Pleader, Sr.No.5961 NB JUDGMENT MADE IN W.A.(MD).No.136 of 2011 01.02.2011 TR : 02.03.2011 : 2p/5c https://hcservices.ecourts.gov.in/hcservices/