Aided Elementary School, Rep by its Manager S. Sivaprakasam, Villupuram v. Director of Elementary Education, Chennai
2013-07-15
M.JAICHANDREN
body2013
DigiLaw.ai
JUDGMENT :- 1. Heard the learned counsels appearing for the parties concerned. 2. This writ petition has been filed praying that this Court may be pleased to issue a writ of Certiorarified Mandamus to call for and quash the order passed by the first respondent, on 6.1.2010, asking the petitioner school, namely, Aided Elementary School, Varanjaram, Kallakurichi Taluk, Villupuram District, to surrender one secondary grade teacher post found to be in excess of the staff strength required for the said school. 3. The main contention of the learned counsel appearing for the petitioner is that the petitioner school should have three posts of secondary grade teachers, as the students strength in the year, 2010, was 91, for standards I to V, as per the norms and standards fixed by the Right to Education Act, 2009. Therefore, the impugned order of the first respondent asking the petitioner school to surrender one post of secondary grade teacher is erroneous and void in the eye of law. 4. At this stage of the hearing of the writ petition, the learned counsel appearing for the respondents had placed before this Court a communication issued by the District Elementary Educational Officer, Villupuram, dated 11.7.2013, showing the students strength, for classes I to V, as on 28.6.2013, as 82. In such circumstances, it is clear that the strength of the secondary grade teachers in the petitioner school ought to be three in number. As such, this Court finds it appropriate to set aside the impugned order of the first respondent. Consequently, the first respondent is directed to restore one secondary grade teacher post, to the petitioner school, within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is ordered accordingly. No costs.