Judgment The petitioner has sought for certiorarified mandamus to quash the order passed by the third respondent dated 211. 2004 and the consequential order of deployment passed by the third respondent in so far as declaring 1 B.T. Assistant Post (Science) as surplus in 5th respondent school and direct the third respondent to fix staff strength of the 5th respondent school in the cadre of B.T. Assistant as per the norms issued in G.O.Ms.No.525 Education dated 212. 1997 issued by the first respondent. 2. The petitioner herein passed B.Sc., B.Ed., degree and was appointed as B.T. Assistant Science in the 5th respondent school, a recognised aided school. The 5th respondent school is declared as a Christian Minority Educational Agency by this Court and the Department. The petitioner states that the third respondent fixed the staff strength of the school for standards IX and X as 194 + 180 = 374. The sanctioned strength in the High School is 8 B.T. Assistants, namely, Two B.T. Assistants (Mathematics), Three B.T. Assistants (Science) and Two B.T. Assistants (History). The grievance of the petitioner arises on account of the third respondent declaring one B.T.Assistant in Science as a surplus, which is prejudicial to the interest of the petitioner. It is pointed out that as per G.O.Ms.No.525, Education dated 212. 1997, for the 60 students, 2 B.T. Assistant posts are to be sanctioned and additional post shall be sanctioned for 40 students. Hence, for the student strength of 374, the school is entitled to retain not only 8 posts but also entitled to get one additional post. Hence, the third respondent declaring one B.T.Assistant (Science) as surplus is illegal. 3. On notice, the third respondent filed counter wherein in paragraph 4, the third respondent admitted that the terms of G.O.Ms.No.525, Education dated 212. 1997 as well as G.O.Ms.No.573, Education Department dated 20.3.1978 have to be followed. In so far as the 5th respondent school is concerned, the total pupil strength in IX standard is 194 and in X Standard is 180. Considering the total workload permissible to the 10 sections in the school, 64 periods in the allied subjects available in X Standard, there need to be five PG Assistant Teachers in order to make up the shortfall on the work load in the Higher Secondary Sections. Considering the total workload permissible to the 10 sections in the school, 64 periods in the allied subjects available in X Standard, there need to be five PG Assistant Teachers in order to make up the shortfall on the work load in the Higher Secondary Sections. The balance of workload available to be allotted to the B.T. Assistants in IX and X Standard is only 196 periods, for which 7 B.T.Assistants alone could be allowed. Since there are 8 B.T. Assistants, one B.T. Assistant (Science) post is held as surplus. The Government has given job protection by making deployment of the excess staff to a needy aided school. Referring to the proceedings dated 211. 2004 by the third respondent that the staff strength for 200405 was allotted as 7 B.T. Assistants, declaring one B.T. Assistant (Science) as surplus, the respondents had followed the Government Orders, as such, there may be no grievance at all for the petitioner. It is pointed out that the petitioner is receiving her salary from the Government funds through the 5th respondent by way of Government grant. Given the fact that under G.O.Ms.No.525 Education Department dated 212. 1997 and G.O.Ms.No.573 Education dated 20.3.1978, teacher – student ratio has to be fixed as per the work load of the teacher, the third respondent had held that one post of B.T. Assistant (Science) is in excess. 4. The third respondent further referred to G.O.Ms.No.573 Education dated 20.3.1978 that 17 hours, namely, 28 periods workload to a teacher in High school and 18 clock hours of work load per week to the post of Graduate teachers handling higher secondary classes has been prescribed. If there is any short fall in the work load in respect of P.G.Assistant teaching classes XI and XII, then such teachers should take classes in X Standard and below, so that the school does not complain of any shortfall of teachers. 5. The third respondent further took a view that different groups having less than 50 students should be combined into common teaching. In this aspect, G.O.Ms.No.46 School Education (Q2) Department dated 14.05.2004 prescribes allocation of period per week for each subject for High and Higher Secondary School. The 5th respondent is a Higher Secondary School from Clases VI to XII. 5. The third respondent further took a view that different groups having less than 50 students should be combined into common teaching. In this aspect, G.O.Ms.No.46 School Education (Q2) Department dated 14.05.2004 prescribes allocation of period per week for each subject for High and Higher Secondary School. The 5th respondent is a Higher Secondary School from Clases VI to XII. Consequently, no grievance could be raised by the petitioner and the third respondent has rightly fixed the staff strength for 2004-2005 and declared one B.T. Assistant (Science) post as surplus. 6. Learned counsel for the petitioner pointed out that contrary to the assertion of the respondents that the staff strength has to be fixed on the basis of the hours of work load, G.O.Ms.No.525 School Education Department dated 212. 1997 and for that matter, G.O.Ms.No.46 School Education (Q2) Department dated 15. 2004 . The respondents, however, fixed the staff strength on the basis of G.O.Ms.No.573 Education dated 20.3.1978, which was superseded by G.O.Ms.No.525, School Education Department dated 212. 1997. Hence, the proper criteria would be teacher – pupil ratio. G.O.Ms.No.573 Education dated 20.3.1978 is no longer there for the third respondent to place reliance on, consequently he submits that the contention is meritless. Apart from that, G.O.Ms.No.46, School Education (Q2) Department dated 15. 2004 has no relevance whatsoever with reference to G.O.Ms.No.525 School Education Department dated 212. 1997. In the background of the said Government Order, which is the guiding Government Order, declaration of one B.T. Assistant as surplus has to be set aside. Going by the admitted case of the respondent as to the total number of students studying in the school that there are only 8 B.T. Assistants as against the eligibility of 10 B.T. Assistants, hence, the writ petition has to be allowed. 7. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 8. A reading of G.O.Ms.No.525 School Education Department dated 212. 1997 shows that the Government considered the earlier G.Os., namely, G.O.Ms.No.250, Education, Dated 20.02.64; G.O.Ms.No.573, Education, dated 20.03.78; G.O.Ms.No.340, Education, dated 01.04.92 and G.O.4(D) No.1, Education, dated 31.05.95 that taking note of the changes in teaching methodology, improved availability of teaching and learning materials, a reappraisal as to the staff strength on the basis of the teacher-pupil ratio has been made. Consultations with educationists were also held to obtain a clear picture of the norms, that would be conducive for effective teaching. On the basis of the deliberations held, the High Power Official Committee constituted under G.O.4(D) No.1, Education, dated 18. 1995 filed a report and the said report was accepted. 9. As for the present case is concerned, paragraph 7 of the Government Order clearly states that the norms prescribed by the High Power Committee and accepted by the Government results in supression of Rules 17 and 18 of the Madras Educational Rule as well as G.O.Ms.No.250, Education dated 22. 64, G.O.Ms.No.573, Education dated 20.3.1978 and G.O.Ms.No.340, Education, Science and Technology, dated 4. 1992. The Government also declared that the norms for assessment for grant would be applicable to the schools opened and recognized upto 1990-91 schools opened. 10. As far as the present case is concerned, the student-teacher ratio fixed under the .G.O. particularly with reference to High School standard IX and X reads as follows: "III. HIGH SCHOOLS (STANDARD IX TO X) .A. The teacher – pupil ratio of 1 : 40 will be followed. On this basis the following norms will be followed: Average attendance No. of posts Up to 80 ..... 1 Head Master and 2 B.T. Asst. The third post will be given when the strength exceeds 60 and additional sections will be permitted in the slab of 40. .b. Eligibility for Language Teachers will be follows: Total of sections in standards VI to X No. of Language Teachers Post .i. Upto 5 1 ii. 6 to 10 2 .iii. 11 and above 3 .c. When the strength in classes VI to X in High Schools exceeds 250 one post of Physical Education Teacher will be sanctioned and for every additional strength of 300, one additional post of Physical Education Teacher will be sanctioned subject to maximum of 3. 11. As far as Standard XI and XII are concerned, Clause 4 of the G.O. reads as under: .IV. HIGHER SECONDARY SCHOOLS (11th AND 12th STANDARDS) .a. The norms will be 8 posts Graduate Teachers for a Higher Secondary School with a minimum of 2 groups as follows:- .i. For 2 groups .... 6 Post Graduate Assistant. ii. For English .... 1 Post Graduate Assistant. .iii. For Tamil .... 1 Post Graduate Assistant. HIGHER SECONDARY SCHOOLS (11th AND 12th STANDARDS) .a. The norms will be 8 posts Graduate Teachers for a Higher Secondary School with a minimum of 2 groups as follows:- .i. For 2 groups .... 6 Post Graduate Assistant. ii. For English .... 1 Post Graduate Assistant. .iii. For Tamil .... 1 Post Graduate Assistant. .b. Additional post of Post Graduate Assistant will be sanctioned based on work load i.e. 24 hours of teaching per week .c. Regarding bifurcation of a standard, additional section will be formed when the strength exceeds 60 and so on in the slab of 40 as in the case of High Schools. .d. For vocational stream, 2 posts of teachers (full time) will be sanctioned irrespective of the number of courses. .e. The Post Graduate Assistant for languages in the main stream will handle the language classes of vocational stream students also. .f. For schools with a strength of over 400, one post of Physical director will be given up by gradation of existing post of Physical Education Teacher." .12. Given the fact that the norms thus provided took into consideration the student -pupil ratio alone and nothing beyond. With the supersession of G.O.Ms.No.573, Education, dated 20.3.1978, which prescribes the staff strength on the basis of hours of .teaching, the case of the respondents that G.O.Ms.No.573, Education dated 20.3.1978 still has relevance cannot be accepted by this Court. The preface of the Government Order refers to the various earlier Government Orders passed and the conscious decision taken by the Government to constitute a High Power Official Committee with the Secretary to Government Education Science and Technology Department (Now School Education Department) as Chairman and Secretary to Government, Finance Department or his nominee, Director of School Education and Director of Teacher Education, Research and Training as member and the Director of Elementary Education as Member Secretary to formulate and suggest revised norms for sanction of teaching posts to Aided schools. 13. In the context of paragraph 7 in the Government Order Superseding G.O.Ms.No.573, Education dated 20.3.1978, the only Government Order, hence, available in fixing the staff strength is G.O.Ms.No.525, Education dated 212. 1997. In the context of the said G.O. and on the admitted fact as to the students strength in paragraph 5 of the counter, the eligibility of the school as to the number of B.T. Assistant is 10. 1997. In the context of the said G.O. and on the admitted fact as to the students strength in paragraph 5 of the counter, the eligibility of the school as to the number of B.T. Assistant is 10. Going by the said admission and the fact that the 5th respondent School had only 8 B.T. Assistants, the order passed declaring one B.T. Assistant ( Science) as surplus and has to go for deployment, cannot be accepted. 14. As regards G.O.Ms.No.46 School Education (Q2) Department dated 15. 2004 referred to by the third respondent, a reading of the same shows that it also refers to the High Level Expert Committee constituted to introduce new syllabus in the school. The Government approved the "Principles of Revised Curriculum and Syllabus" for standards VI to XII. The Government accepted the recommendation of the Director of School Education and incorporated the recommendations with certain modifications. The modification thus suggested by the High Power Committee deal with the subjects to be taught, the hours of study for the subject taught therein. .15. Considering the nature of the recommendation, the contents of the Government Order and the purpose of issuing a Government Order and that there is no reference to the student-teacher ratio, which was considered only in G.O.Ms.No.525, Education dated 20.3.1978 and not under G.O.Ms.No.46, School Education (Q2) Department dated 15. 2004, the purport and effect of G.O.Ms.No.46, School Education (Q2) .Department dated 15. 2004 could be seen only as a curriculum related Government Order and has no relevance to the staff strength. 16. In these circumstances, G.O.Ms.No.525, Education dated 212. 1997 and G.O.Ms.No.46, School Education (Q2) Department dated 15. 2004 operate on different fields and are complimentary, in the sense that the student – teacher ratio has to work on the subjects to be taught and the hours of study. This does not mean that G.O.Ms.No.525, Education dated 212. 1997 fixing the teacher – staff ratio is controlled by the hours of curriculum prescribed under G.O.Ms.No.46, School Education (Q2) Department dated 15. 2004 as has been understood by the respondents. In the light of the above, I do not find any justification in the contention of the respondents placing reliance on a superseded G.O.Ms.No.573, Education Department dated 20.3.1978 or for that matter, G.O.Ms.No.46, School Education (Q2) Department dated 15. 2004, to hold that the petitioner falls under surplus staff to be deployed. 17. In the light of the above, I do not find any justification in the contention of the respondents placing reliance on a superseded G.O.Ms.No.573, Education Department dated 20.3.1978 or for that matter, G.O.Ms.No.46, School Education (Q2) Department dated 15. 2004, to hold that the petitioner falls under surplus staff to be deployed. 17. Consequently, the order of the third respondent is set aside, thereby, the Writ Petition is allowed directing the respondents to absorb the petitioner as a staff of the 5th respondent school. No costs.