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2019 DIGILAW 3351 (MAD)

Tagore Educational Society v. Director of School Education

2019-12-05

AMRESHWAR PRATAP SAHI, SUBRAMONIUM PRASAD

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JUDGMENT : SUBRAMONIUM PRASAD, J. 1. The Writ Appeal arises out of an order passed in W.P. No. 9605 of 2005 dated 16.07.2019, whereby, the learned Single Judge has dismissed the Writ Petition. 2. The writ petition from which this appeal arises is one for a Certiorarified Mandamus calling for records relating to the proceedings dated 17.10.2018 in O.M. No. 31/A2/2018 on the file of the second respondent being the Block Educational Officer In-charge, Olakur @ Saram Village and the order dated 10.04.2018 in Na. Ka. No. 1673/A4/2018 on the file of the third respondent being District Elementary Educational Officer, Villupuram District and consequently direct them to fill up the post of Instructor which fell vacant. 3. The writ petitioner/appellant is a Society and runs an educational institution by name Sri Kamatchi Vilas Middle School. The Society claims that a post of tailoring teacher was sanctioned by the Office of the District Educational Officer, Tindivanam on 31.03.1986. 4. The petitioner/appellant states that the teacher imparting education in the subjects retired on 31.05.2017. The appellant wanted to fill up the vacancy by appointing a suitable candidate. An application to this effect was made to the authorities. The request was forwarded to the second respondent i.e. The Block Educational Officer. The request was rejected by the order impugned in the writ petition. The order impugned in the writ petition states that that the application cannot be entertained because there are only 68 students studying from Class VI to VIII and therefore, the request of the petitioner/appellant cannot be accepted. This order was challenged in W.P. No. 9605 of 2005. 5. The learned Single Judge rejected the writ petition by relying on G.O. Ms. No. 231 School Education (C2) Department dated 11.08.2010. The learned Single Judge held that as per the aforementioned Government Order, a full time or a part time teacher for Art Education, Health and Physical Education or Work Education can be sanctioned only if the admission of children is above 100. The learned Single Judge held that since the number of students studying between Class VI and Class VIII is less than 100, the impugned order does not call for any interference. 6. Heard learned counsel for the parties. 7. Mr. The learned Single Judge held that since the number of students studying between Class VI and Class VIII is less than 100, the impugned order does not call for any interference. 6. Heard learned counsel for the parties. 7. Mr. V. Raghavachari, learned counsel appearing for the appellant would urge that once a teacher is sanctioned for imparting a vocational course in a school, then the vacancy which arises due to the retirement, death or transfer of such teacher has to be filled up. Learned counsel would contend that if the students' strength reduces at a later point of time the authorities cannot refuse to appoint a teacher. He would contend that this would have an adverse effect on the students who are pursuing the course. The learned counsel would give an example that if the students strength for a particular academic year is for e.g. say 110 and a teacher is appointed for imparting vocational course like tailoring after the post being sanctioned and say 50 students opt for the vocational course and due to some circumstances the students strength becomes 98 after three years and the teacher has to leave the job or retires, then if a new teacher is not appointed it will affect the 50 students, who have opted for the course. The learned counsel therefore contends that the reasonings given by the authorities which has been accepted by the learned Single Judge is not sustainable. 8. On the other hand, Mr. C. Munusamy, learned Special Government Pleader would place reliance on G.O. No. 231 School Education (C2) Department dated 11.08.2010. The said Government Order prescribes the norms and standards for appointment of teachers in aided schools. The said Government Order is extracted hereunder:- “THE SCHEDULE (See Sections 19 and 25) NORMS AND STANDARDS FOR A SCHOOL S. No. Items Norms and Standards 1. The said Government Order prescribes the norms and standards for appointment of teachers in aided schools. The said Government Order is extracted hereunder:- “THE SCHEDULE (See Sections 19 and 25) NORMS AND STANDARDS FOR A SCHOOL S. No. Items Norms and Standards 1. Number of Teacher: (a) For first class to fifth class Admitted children Number of teachers: Up to Sixty Two Between sixty-one to ninety Three Between Ninety-one to one hundred and twenty Four Between One hundred and twenty-one to two hundred Five Above One hundred and fifty children, above Two hundred children Five plus one Head teacher Pupil-Teacher Ratio (excluding Head-teacher) shall not exceed forty (b) For sixth class to eighth class (1) At least one teacher per class so that there shall be at least one teacher each for: (i) Science and Mathematics. (ii) Social Studies. (iii) Languages. (2) At least one teacher for every thirty-five children. (3) Where admission of children is above one hundred: (i) a full time head-teacher. (ii) part time instructors for: (A) Art Education. (B) Health and Physical Education. (C) Work Education. 2. Building All weather building consisting of: (i) at least one class-room for every teacher and an office-cum-store-cum Head teacher's room. (ii) barrier-free access. (iii) separate toilets for boys and girls. (iv) safe and adequate drinking water facility to all children. (v) a kitchen where mid-day meal is cooked in the school. (vi) playground. (vii) arrangements for securing the school building by boundary wall or fencing. 3. Minimum number of working days/ instructional hours in an academic year (i) two hundred working days for first class to fifth class. (ii) two hundred and twenty working days for sixth class to eighth class. (iii) eight hundred instructional hours per academic year for first class to fifth class. (iv) one thousand instructional hours per academic year for sixth class to eighth class. 4. Minimum number of working hours per week for the teacher Forty-five teaching including preparation hours 5. Teaching learning equipment Shall be provided to each class as required. 6. Library There shall be a liberty in each school providing newspaper, magazines and books on all subjects, including story books. 7. Play material, games and sports equipment Shall be provided to each class as required. Sd/- T.K. Viswanathan Secretary to the Government of India.” 9. Teaching learning equipment Shall be provided to each class as required. 6. Library There shall be a liberty in each school providing newspaper, magazines and books on all subjects, including story books. 7. Play material, games and sports equipment Shall be provided to each class as required. Sd/- T.K. Viswanathan Secretary to the Government of India.” 9. The learned Special Government Pleader would contend that in cases where the students strength falls below 100, the teacher is declared as surplus and is accommodated in other Government or aided schools. He would contend that in such cases, it is for the schools to appoint teachers at their expense to ensure that the students do not suffer. 10. A perusal of the Schedule would show that for appointing a full time or part time teacher for imparting vocational course the students strength must at least be 100. In the present case, the students strength for Classes VI to VIII has fallen to 78. The appellant has not given any details as to what was the students strength when the post of teacher to impart tailoring course was sanctioned. It has not been stated as to how many students opted for the said course. It is not stated as to when the teacher retired; how many students were pursuing the tailoring course. In the absence of any materials on record, the contention of the learned counsel for the appellant cannot be accepted. In the absence of any material, this Court is constrained to follow the Government Order which is not under challenge. The Government Order clearly mandates that if the students strength is less than 100, then, the application for sanction of a teacher for vocational course cannot be considered. The purpose of G.O. No. 231 School Education (C2) Department dated 11.08.2010 is to rationalise the deployment of existing teachers to address the problem imbalances in the teachers' placement in Government and aided schools. It is however open to the Appellant to approach the authorities for sanction of a teacher if and when the rules are relaxed or the policy is changed. 11. In view of the above, the writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.