1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2011 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.1036 of 2011 and M.P.(MD)No.1 of 2011 Alagusundaram Memorial Middle School, Rep. by its Secretary A.K.S.Manoharan : Petitioner vs. 1.The Director of Elementary Education, College Road, Chennai-600 006. 2.The District Elementary Educational Officer, Madurai District, Madurai-625 001. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the order of the second respondent in N.K.No.4424/AA1/2010, dated 13.12.2010 and subsequent impugned order in N.K.No.4424/AA1/2010, dated 28.12.2010 passed by the second respondent and quash the same as illegal, arbitrary without jurisdiction and against all principles of natural justice and permit the petitioner to fill up the post of pre vocational instructor. For Petitioner : Mr.K.Muraleedharan For Respondents : Mr.K.Mahesh Raja Government Advocate ****** ORDER ******* The petitioner is running an Aided Primary School and the Middle School was upgraded with the temporary recognition. In the present Writ Petition, the challenge is to the order passed by the District Elementary Educational Officer, Madurai, dated 13.12.2010. By the impugned order, the District Elementary Educational Officer assessed the staff strength for the School on the basis of the students' attendance in the School. It transpires that number of students, at the time of inspection, was found only 57 in the Middle School section and in the Primary School, 107. On the basis of the students' attendance, it was found that the School was having totally six teachers and https://hcservices.ecourts.gov.in/hcservices/ 2 one teacher has become surplus in relation to the staff strength. Therefore, a consequential order dated 28.12.2010 was passed stating that on the basis of the report of the District Elementary Educational Officer, dated 24.12.2010, for the Middle School section, there are only 45 students and, therefore, the post of Pre Vocational (Full Time Sewing Teacher) Instructor was found surplus. Since the Primary Sections are having only 58 students, as per the inspection made on the same day, the total strength for the School has been correctly assessed. Challenging the same, the present Writ Petition came to be filed. 2. When the Writ Petition came up on 28.01.2011, this Court ordered notice of motion. Pending the notice of motion, an order of status quo was granted. On notice from this Court, the second respondent has filed a detailed counter-affidavit dated 30.03.2011. In the counter-affidavit, it was stated that on inspection, it was found that there was a vast difference between the number shown on the roll and the attendance. The number shown on the roll by the petitioner school was 57 + 64, whereas the actual attendance was only 23 + 22 and there is a vast disparity between the two figures. The authorities are bound to assess the staff strength only on the basis of the Government Order and guidelines issued in G.O.Ms.No.525, School Education Department, dated 29.12.1997 and the subsequent order of the State Government in G.O.Ms.No.231, School Education Department, dated 11.08.2010. It is claimed that the petitioner is producing bogus statistics in boosting the number of students' attendance, in order to retain the staff strength on a higher rating. Since the Middle School section is having less than 100, the question of filling up the post of Pre Vocational Instructor, as per G.O.Ms.No.231, School Education Department, dated 11.08.2010, will not be feasible for compliance. 3. Though the learned counsel for the petitioner continued to insist that the School was having the actual strength as found in the roll, on the particular day of inspection, there were large scale absence, because of sudden illness, it is unthinkable that in the absence of any material to the effect that 60 persons were shown to be sick on a particular day, that too, on the day of inspection and, therefore, this Court does not find any illegality or irregularity in the order passed by the second respondent in refusing to permit the Management to fill up the post of Pre Vocational Instructor. 4. It must be noted that under Rule 15(1) of the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974, the post can be filled up depending upon the requirement, staff strength and the financial capacity of the Government in releasing grant. When actual assessment has been made and there is a vast disparity of 60 persons in the figures furnished by the Management and the disparity from the roll and the actual attendance is found out, on factual basis, this Court is unable to countenance the prayer made by the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 3 5. Under the said circumstance, the Writ Petition stands dismissed. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(Records) /True Copy/ Sub-Assistant Registrar To 1.The Director of Elementary Education, College Road, Chennai-600 006. 2.The District Elementary Educational Officer, Madurai District, Madurai-625 001. +One cc to Mr.K.Muraleedharan, Advocate, SR.No.36670 SML rl/4 c- 10.11.2011 Order made in W.P.(MD)No.1036 of 2011 Dated:- 20.10.2011 https://hcservices.ecourts.gov.in/hcservices/