JUDGMENT:- 1. The prayer in this writ petition is to quash the order of the third respondent dated 22.08.2011 and the order passed by the first respondent dated 11.01.2012 and to direct the respondents to approve the appointment of the petitioner as Secondary Grade Teacher from the date of appointment and with all consequential benefits. 2. The case of the petitioner is that the petitioner passed Diploma in Teacher Education in the year 2010 and fully qualified for appointment to the post of Secondary Grade Teacher. In the fourth respondent, aided minority School, a post of Secondary Grade Teacher became vacant due to the promotion given to one Secondary Grade Teacher as B.T. Assistant and in the resultant vacancy, the petitioner was appointed from 15.06.2011. The approval papers were submitted before the Department and by the impugned orders, the approval sought was rejected by stating that for the year 20112012, fixation of one post was found surplus in the Secondary Grade. 3. The learned counsel for the petitioner relied on the staff fixation order issued by the Department for the year 2010-2011 wherein 11 Secondary Grade posts were sanctioned and further submitted that for 2011-2012 fixation can be made only considering the average attendance of students in August 2011 for the academic year. The fixation already made i.e. 11 Secondary Grade posts in the fourth respondent School remains till new fixation is made and during the said period i.e. 15.06.2011, the petitioner was appointed by the fourth respondent. The learned counsel further submitted that subsequent fall in strength cannot be the reason for rejecting the approval and if there is fall in strength, it is open to the respondents to approve the appointment and deploy the teachers with the post to the needy school and the said issue was considered in two Division Bench orders of this Court viz., W.A.No.1263 of 2001 dated 22.01.2004 and W.A. (MD).No.703 of 2009 dated 01.02.2011. 4. Heard the learned counsel for the respondents. 5. The fact regarding the availability of 11 Secondary Grade posts during the academic year 2010-2011 is not in dispute. The proceedings of the District Elementary Education Officer, Coimbatore, dated 13.12.2010 is filed in the typed set of papers to prove the same. 4. Heard the learned counsel for the respondents. 5. The fact regarding the availability of 11 Secondary Grade posts during the academic year 2010-2011 is not in dispute. The proceedings of the District Elementary Education Officer, Coimbatore, dated 13.12.2010 is filed in the typed set of papers to prove the same. It is an accepted principle that staff strength of aided schools can be fixed based on the average attendance of students in August of the academic year and till such fixation is made, the previous year staff fixation will continue. Admittedly, the petitioner was appointed on 15.06.2011 in the resultant vacancy arose due to the promotion of one Sheela Catherine as B.T. Assistant and the said B.T. Assistant post became vacant due to the retirement of one Anbu Raj, Primary School Head Master on 31.05.2011. 6. The Division Bench of this Court in W.A.No.1263 of 2001 judgment dated 22.01.2004 held that if a teacher is appointed in sanctioned post, the approval of the appointment cannot be rejected and if there is fall in strength subsequently and the post became surplus, after granting approval of the post, the said teacher along with the post could be transferred/ deployed to a needy school. Following the said judgment, the order made in W.P.(MD).No.11453 of 2008 was confirmed and the writ appeal in W.A. (MD).No.703 of 2009 was dismissed by the Division Bench on 01.02.2011. 7. Applying the said judgments to the facts of this case, the impugned orders of the respondents are set aside and the second respondent is directed to approve the appointment of the petitioner as Secondary Grade Teacher from 15.06.2011, by assessing the qualification of the petitioner and pass necessary approval order within a period of six weeks from the date of receipt of a copy of this order. If it is found that the fourth respondent School is not eligible to retain the 11th Secondary Grade post, it is open to the respondents to deploy the petitioner with post to a needy school. 8. The writ petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petitions are closed.