Judgment :- 1. The petitioner has filed this Writ Petition for a Declaration declaring that Section 14(A) of the Tamil Nadu Recognised Private Schools (Regulation) Act (hereinafter referred to as "Act") as amended through Act 11 of 1999 and the condition imposed in the recognition order that no grant will be given to Middle Sections of the Petitioner School forever are concerned as null and void with a consequential direction to the respondents to grant aid to the Middle Sections of the Petitioner School from 01.06.1995 for 6th standard 01.06.1996 for 7th standard and from 01.06.1997 for standards 6 to 8 by sanction of required number of posts and upgrade the Primary School Head Master Post as Middle School Head Master Post with monetary benefit from 01.06.1995 and to approve the appointment of N.Elgin Joseph appointed as Head Master of the School from 02.06.2004 with salary and other benefits. 2. The petitioner school, a Religious Minority School, was established in the year 1980 and was granted recognition and aid for standards 1 to 5. The school was upgraded as middle school from 01.06.1995. Since then recognition have been granted up to eighth standard. In granting recognition, the respondents have imposed a condition that the petitioner shall not claim grant/aid for classes 6 to 8 (middle school) and such condition was accepted by the petitioner. Upon the retirement of the primary school Head Master on 31.05.2004, the petitioner informing appointment of one N.Elgin Joseph as the Head Master of the middle school, sought approval. The third respondent under communication in O.Mu.No.4123/A4/2004 dated 15.02.2005, informed that the Head Master holding graduate qualification could not be appointed as the Head Master of a primary school. 3. This Court finds that the order of rejection by the third respondent has been passed only on the above said ground and that the work experience of the said N.Elgin Joseph has not received any consideration of the third respondent. Though the Writ Petition challenges the amendment to Section 14-A of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 under amending Act 11/99, such challenge cannot now hold good in the light of the decision of the Division Bench of this Court upholding such amendment in Maria Grace Rural Middle School vs. The Government of Tamil Nadu (2006) 5 CTC 193 . The middle school sections i.e., sections 6 to 8 have been established in the petitioner school only from 01.06.1995. Section 14-A of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, as amended reads as follows: "[14-A. Grant not payable to new private schools and new class and course of instruction. - Notwithstanding anything contained in this Act or in any other law for the time being in force in any judgment, decree or order of any Court or other authority, no grant shall be paid to,- (a) any private school established and any class or course of instruction opened in such private school, on or after the date of commencement of the academic year 1991-1992; (b) any private school in existence on the date of commencement of the academic year 1991-1992 to which no grant has been paid by the Government immediately before the date of such commencement; (c) any class or course of instruction in a private school in existence on the date of commencement of the academic year 1991-1992 to which no grant has been paid by the Government immediately before the date of such commencement; and (d) any class or course of instruction opened on or after the date of commencement of the academic year 1991-1992 in a private school in existence on the date of such commencement. Explanation. - For the purpose of this section, private school includes a minority school.]" 4. Therefore, by operation of Section 14-A of the Act, the petitioner cannot seek any grant for the middle school classes commenced from 1995. However, this would not preclude the petitioner's school from seeking appointment of the said N.Elgin Joseph as Head Master of the primary school, if he otherwise is qualified. The communication of the petitioner school dated 02.06.2004 addressed to the fourth respondent informs that the said person holds B.A. B.Ed. qualification and that he has earlier functioned as a Head Master of a matriculation school for a period of seven years. As per the Tamil Nadu Minority Schools (Recognition & Payment of Grant) Rules, a person should have worked as teacher in a recognized school for a period not less than 5 years after obtaining T.S.L.C. of Secondary Grade or its equivalent. As per the Tamil Nadu Minority Schools (Recognition & Payment of Grant) Rules, a person should have worked as teacher in a recognized school for a period not less than 5 years after obtaining T.S.L.C. of Secondary Grade or its equivalent. As stated above, the experience of the said N.Elgin Joseph has not received consideration of the third respondent since the order of the third respondent dated 15.02.2005 proceeded on the presumption that a graduate teacher was not eligible to be appointed as a Head Master of a primary school. In decision of this Court in W.P.No.11409 of 2006 dated 20.12.2007, a direction stands issued to effect approval of appointment of a person holding B.A. B.Ed. qualification as Head Master of a primary school. This Court sees no reason why the said N.Elgin Joseph should not similarly be appointed if he satisfies the requirement as to teaching experience. 5. In view of the above considerations, the order of the third respondent in O.Mu.No.4123/A4/2004 dated 15.02.2005 shall stand set aside. The respondents shall now consider afresh the eligibility of appointment of N.Elgin Joseph as Head Master of the St.Josephs Middle School, in the light of the above observations. 6. The petitioners shall now make a fresh representation and the authorities shall pass order thereupon within a period of eight weeks of receipt thereof.