(Contempt Petition filed under Sections 10 and 12 of the Contempt of Courts Act and under Article 215 of the Constitution of India to punish the respondent herein for his wilful and deliberate disobedience and defiance of the lawful order of this Court dated 5.4.2002 in WP.No.12987 of 1995.)

COMMON ORDER

The facts giving rise to the present contempt petition and the writ petition are as follows: -

The Correspondent, Vekludaya Higher Secondary School, in the district of Tiruvarur is the petitioner. According to the petitioner, the school has been established in a place where the people are educationally and socially backward. Considering the need of the local people, the School Committee, subsequently decided to upgrade the School as Higher secondary and sought for permission from the authorities. By proceedings dated 5.7.1989 in RC.No.310135/W/13/88, the Director of School Education, in exercise of power conferred in Government Letter No.44925/HS2/89 dated 22.6.1989, granted provisional permission for upgradation of the aided High Schools into Higher Secondary Schools during the year 1989-90 on the strength of the declaration given by the Correspondents that they will not ask for any grant for the Higher Secondary Schools for three years. The petitioner’s school was one such school, which was thus upgraded as a Higher Secondary School. By a subsequent communication dated 10.7.1989, the Director instructed that there shall not be more than two subject groups, namely, one Science subject and one Arts subject. It was further indicated that “in the event of admitting more than the permitted strength of students, which may require division of classes, such divisions will not be permitted for the reasons there are no additional posts”. It would be sufficient to appoint two P.G. Assistants for Tamil and English and 4 P.G. Assistants for science subjects and two P.G,. Assistants for arts subjects (Total 8 P.G. Assistants for Higher Secondary Schools). By subsequent letter dated 8.8.1989, the petitioner school was permitted to start three groups with the permitted 8 P.G. Assistants. In the light of the above communication, the petitioner school started three groups of subjects, namely, Group-I Maths, Physics, Chemistry and Biology, Group-II Physics, Chemistry, Botany and Zoology, and Group-III Maths, Commerce, Accountancy and Economics, with eight P.G. Assistants. The authorities were also duly informed about the appointment of qualified P.G. Assistants. After the expiry of three years period stipulated by the Director in letter dated 5.7.1989, the school management made several representations to the Government as well as the Department to sanction and release staff Grant towards salary of all 8 P.G. Assistants with effect from July, 1992. Obviously similar representations were made by other upgraded Higher Secondary Schools on completion of three years period. Considering such representations, the Government passed an order vide G.O.Ms.No.50 dated 20.1.1995, the relevant portion of which is as follows: -

“... The Government after careful consideration, sanction teaching and non-teaching posts to the schools as indicated in the Annexures-I, II and III to this order for assessment of salary grant with effect from 1.6.1994. The Director of Elementary Education and Director of School Education are authorised to permit assessment of salary grant for the posts in the schools under their administrative control as indicated in the Annexures I, II and III to this order on the regular scales of pay indicated therein w.e.f 1.6.1994 the minimum being allowed from 1.6.1994 with increments due in future. No arrears will be payable for the periods prior to 1.6.1994.

2. The expenditure on the staff unassessed for grant over and above the posts for which assessment of grant is now approved if any, will have to be borne by the managements of schools from their funds if they want to continue those posts. The managements are also free to disband