1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :06.04.2011 CORAM: THE HONOUABLE MR.JUSTICE K.VENKATARAMAN Writ Petition (MD).No.3991 of 2011 & M.P.(MD).Nos.1 & 2 of 2011 S.Nancy Mary Thangam . . Petitioner Vs. 1.District Elementary Educational Officer, Tirunelveli. 2.Additional Assistant Elementary Educational Officer, Alangulam, Tirunelveli District. 3.Correspondent, T.D.T.A. Primary & Middle Schools, Alangulam Pastorate, Tirunelveli District. . . Respondents Writ petition is filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus calling for the records pertaining to the order passed by the second respondent in his proceedings Aa.Thi.Mu.No.319/A4/2010, dated 10.08.2010 and quash the same and direct the respondents to approve the appointment of the petitioner from the date of appointment i.e., 22.01.2010 and confer all the consequential benefits. For Petitioner : M/s.C.S.Associates For Respondents: Mr.N.Ilango for R1 & R2 Government Advocate ORDER The present writ petition is filed challenging the impugned order passed by the second respondent, dated 10.08.2010 declining to approve the appointment of the petitioner in the third respondent school. 2. The Full Bench Judgment of this Court in the decision made in W.A.No.313 of 2006 dated 4.11.2006 reported in 2006 (5) CTC 385 (para 23) (Director of Elementary Education, Chennai-6 and others v. S.Vigila and another) held as follows, "23. 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 https://hcservices.ecourts.gov.in/hcservices/ 2 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 Recognized 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." 3. In view of the above settled position, I am of the considered view that the rejection made by the second respondent in approving the appointment of the petitioner in the sanctioned vacancy of the third respondent school is liable to be set aside and accordingly set aside. Consequently, the first respondent is directed to consider the case of the petitioner for approval of her appointment in the third respondent school and the said exercise has to be carried out, within a period of four weeks from the date of receipt of the copy of this order. https://hcservices.ecourts.gov.in/hcservices/ 3 4. In the result, the writ petition is allowed. Consequently, connected miscellaneous petitions are closed. No costs. Sd/- Deputy Registrar(LA) /True Copy/ Assistant Registrar To 1.District Elementary Educational Officer, Tirunelveli. 2.Additional Assistant Elementary Educational Officer, Alangulam, Tirunelveli District. +One cc to M/s.C.S.Associates, Advocate, SR.No.12880 +One CC to The Spl Govt. Pleader, SR.No.13071 jikr rl/5c – 28.4.2011 Order made in Writ Petition (MD).No.3991 of 2011 & M.P.(MD).Nos.1 & 2 of 2011 06.04.2011 https://hcservices.ecourts.gov.in/hcservices/