Judgment :- 1. As the constitutional validity of either G.O.Ms. No. 788 Education (C2) Department dated 31.7.1991 or the consequential order in R. Dis. No. 120004/C. 23/91 dated 31.8.1991 is challenged in all these Writ Petitions, they are disposed of by this common order. 2. Government of Tamil Nadu, the first respondent in all these writ petitions, by G.O.Ms. No. 250 Education dated 28.2.1989 took a policy decision to appoint only women teachers for handling classes in the 1st Standard and issued directions to that effect to the Director of School Education and the Director of Elementary Education. Again by the orders issued in G.O.Ms. No. 667 Education dated 17.5.1990, the Government of Tamil Nadu issued directions to the Director of School Education and the Director of Elementary Education to the effect that only women teachers should handle classes in Standards 1 to 3. Thereafter, the Government of Tamil Nadu issued G.O.Ms. No.788 Education (C2) dated 31.7.1991 (hereinafter called the G.O.). The said G.O. states that the Government have taken a decision to appoint only women teachers for handling classes in 4, & 5 Standards in primary/middle schools in the State in all future vacancies from the academic year 1991-1992. By the said G.O., the Government of Tamil Nadu directed the Director of School Education and the Director of Elementary Education to issue suitable instructions to all the schools under the control of the said Directors to appoint only women teachers in 4th and 5th standards in all future vacancies from the academic year 1991-1992. The Government further instructed the Director of School Education and the Director of Elementary Education to redeploy to the possible extent to see that Standards 1 to 5 are handled by women teachers. As already stated, the G.O.Ms. No. 788 dated 31.7.1991 or the Consecutive R.Dis. No. 126004/C23/91 dated 31.8.1991 issued by the Director of School Education is challenged in all these writ petitions. 3. In this batch of Writ petitions, principal arguments were advanced by Mr. P.H. Pandian, learned counsel for the petitioner in W.P. No. 14006/91. Therefore, the case of the petitioner in W.P. 14006/91 may now be briefly noted. The case of the petitioner in W.P. No. 14006/91 as disclosed in the affidavit filed in support of the said writ petition is as follows: The petitioner is the General Secretary of the Tamil Nadu Unemployed Secondary Grade Teachers Association. Therefore, the case of the petitioner in W.P. 14006/91 may now be briefly noted. The case of the petitioner in W.P. No. 14006/91 as disclosed in the affidavit filed in support of the said writ petition is as follows: The petitioner is the General Secretary of the Tamil Nadu Unemployed Secondary Grade Teachers Association. The Secondary Grade trained teachers whether men or women can handle classes in 1 to 8 standards, in the primary/middle schools. However, in most of the schools established and maintained by minorities and in the Government schools classes in Standards 6 to 8 are generally handled by the B.Ed., teachers, denying the vacancies in the middle schools to the secondary Grade Teachers. Similarly, in other middle schools in which girls alone are taught, the vacancies for Secondary Grade Teachers are generally filled up only by women teachers. Out of a total 5,624 middle schools in the State of Tamil Nadu nearly 2/3 of the Secondary Grade Teachers vacancies are either filled up by B.Ed. teachers or women Secondary Grade Teachers, only about 1/3 of the Secondary Grade Teachers vacancies in the middle schools in the State of Tamil Nadu are available to men possessing Secondary Grade Teachers Certificate. There are about 29,970 primary schools in the State and the possibility of men Secondary Grade Teachers securing appointment to such vacancies are only in the primary schools and not in the middle schools. There are at present about 20,000 men unemployed Secondary Grade Teachers. For the purpose of admission to Government Training Institutions, seats are reserved for men and women equally viz., 50% each. In the absence of similar reservation for appointment also, men are put under a great disadvantage by totally shutting them out of primary schools and leaving only the posts available in middle schools. The vacancies in the middle schools will be hardly sufficient for redeployment in the middle schools of men Secondary Grade Teachers disturbed from the primary schools in which they are presently working. The orders issued by the Govt., in the G.O. coupled with the earlier orders issued in G.O.Ms. No. 250 Education dated 28.2.1889 and G.O.Ms. The vacancies in the middle schools will be hardly sufficient for redeployment in the middle schools of men Secondary Grade Teachers disturbed from the primary schools in which they are presently working. The orders issued by the Govt., in the G.O. coupled with the earlier orders issued in G.O.Ms. No. 250 Education dated 28.2.1889 and G.O.Ms. No. 667 Education dated 17.5.1990 totally shut out en from employment as Secondary Grade Teachers in the entire State of Tamil Nadu and affect their fundamental right guaranteed under Art. 19(1)(g) of the Constitution of India, viz., to practise any profession or to carry on any occupation, trade or business. Further, the G.O. is also challenged on the ground that it offends Articles 14, 15(1), 16 and 21 of the Constitution. 4. The respondents filed a common counter affidavit contending as follows: The Government has taken a policy decision to give more opportunities to the women candidates who are qualified for the Secondary Grade Teacher post and directed by G.O.Ms. No. 250, G.O.Ms. No. 667 and in the impugned G.O., to appoint only women teachers to handle classes in 1 to 5 Standards in recognised elementary/middle schools in the Government of Tamilnadu. The said decision has been taken by the Government with a view to promote the welfare of women in the society. The impugned G.O. will not affect the employment opportunities of men candidates who are qualified for the Secondary Grade Teachers Post. The existing men teachers will be redeployed to the middle schools so as to enable them to handle 6 to 8 Standards. When women secondary Grade trained teachers are given employment in the primary schools to teach standards 1 to 5, men teachers will also be given equal opportunity by absorbing them in the posts to be created in the middle schools in future. The men candidates will continue to get their share in the matter of employment as secondary Grade Teachers, which they have been getting in the past years. The employment opportunities of men teachers will not be affected as there are 5000 High Schools and Higher Secondary Schools and 5636 middle schools in the State of Tamil Nadu where men teachers can be appointed. The men teachers can be appointed in the middle schools to handle Standards 6 to 8. The impugned G.O. is passed on rational public policy in order to help children and women. 5. The men teachers can be appointed in the middle schools to handle Standards 6 to 8. The impugned G.O. is passed on rational public policy in order to help children and women. 5. Mr. P.H. Pandian, the learned counsel for the petitioner in W.P. 14006/91, Mr. C. Selvaraju, the learned counsel for the petitioners in W.P. Nos. 14701/91, 6674 and 6675 of 1992, Mr. V. Ramaiagadeesan, the learned counsel for the petitioners in W.P. 17530 and 17531 of 1991 of 1520/92, Mr. S. Krishnaswamy learned counsel for the petitioners in W.P. 2835 and 2836/92 and Mr. M. Agni, learned counsel for the petitioner in W.P. 7638/92, submitted in the first place that the impugned G.O. provides for total reservation of all the posts of Secondary Grade Teachers in Standards 1 to 5 in the primary schools to women teachers, such a total reservation of all the posts of secondary Grade Teachers in the primary schools for women offends Art. 15(1) of the Constitution. The learned counsel for the petitioners further contended that such a total reservation of all the posts of Secondary Grade Teachers for women, deprives the right of men of men Secondary grade Teachers to be considered for appointment as Secondary Grade Teachers in Standards 1 to 5 in the primary/middle schools and therefore, the impugned G.O. offends Art. 16 of the Constitution. The learned counsel for the petitioners again contended that that there cannot be any reservation exceeding 50% of the total number of posts in favour of women and therefore, the impugned G.O. which provides for a total reservation of all the posts of Secondary Grade Teachers in the primary/middle schools in favour of women are illegal and liable to be struck down. In support of his contention, Mr. P.H. Pandian learned counsel for the petitioner in W.P. 14006/91 relied upon the decisions in: Disclaimer: The text is computer generated. The user must verify the authenticity of the extracted portion with the certified copy of the judgment.