F.M. Ibrahim Kalifulla, J.

In W.P. No. 2028 of 2004, the petitioner seeks for the issuance of writ of certiorari, calling for the records relating to the proceedings of the first respondent District Elementary Educational Officer, Nagercoil in Na.Ka.No.3723/A3/2004 dated 31.8.2004 settling the staff fixation for the petitioner school for the year 2004-2005, quash the same in so far as it renders one post of Secondary Grade Teacher as surplus.

2. In W.P. No.2064 of 2004, the petitioner seeks the issuance of a writ of certiorari, calling for the records relating to the proceedings of the first respondent District Elementary Educational Officer, Nagercoll in Na.Ka.No.3723/A3/2004 dated 31.8.2004 settling the staff fixation for the petitioner school for the year 2004-2005 and the consequential proceedings of the second respondent AAEEO, Kuzhithurai in Na. Ka. No. 2170/EO4 dated 23.9.2004, quash the same in so far as it renders three posts of Secondary Grade Teachers as surplus.

3. W.P. No.2028 of 2004 was admitted by the learned single Judge on 6.10.2004 and in W.P.M.P. No.2090 of 2004 an interim stay of the impugned order was granted on 18.10.2004 while directing the writ petition itself to be posted for final disposal on 8.7.2004. Subsequently, when the writ petition came before the learned single Judge on 16.12.2005, the learned single Judge considering the importance of the question involved, directed the Registry to post the writ petition before the Division Bench for final disposal. Thereafter, on 4.1.2006, the Division Bench thought it fit to implead respondents 4 and 5 as parties to the writ petition in W. P. No. 2028 of 2004 by passing suo motu orders. That is how the writ petitions came up for final disposal before this Division Bench.

4. Briefly the facts which are required to be stated are, that both the petitioners are primary schools run by recognised and aided minority institutions. It is stated to be owned and administered by the Trust of the Diocese of Thuckalay. The Correspondent of the Syro Malabar Catholic Schools is the Correspondent of all the 9 schools under the Diocese of Thuckalay in Kanyakumari District. The petitioner school in W.P. No. 2028 of 2004 was stated to have been established in the year 1978. The other school run by the petitioner in W.P. No. 2064 of 2004 was stated to have been established in the year 1969 itself. Both the schools offered education from standards I to V and it is claimed that mostly, the children of farm workers, rubber tappers, and coolies collecting forest produce are studying in the schools and thus catering to the needs of rural mass. It is also claimed that both the schools provide education free of cost except collecting a small sum specified by the State Government and that admission is open to all, irrespective of caste, creed or religion.

5. The issue relating to staff fixation is governed by the revised norms announced by the Government of Tamil Nadu based on the teacher-student ratio under G. 0. Ms. No. 5 25 (School Education) dated 29.12.1997 with effect from 1. 6.1998. The norms relating to elementary schools as prescribed in the Government Order is as under:

"I. Elementary School (Standards Ito P9

a) The teacher-pupil -ratio of 1:40 will be followed. Minimum of 2 Secondary Grade teachers up to a strength of 80 will be sanctioned. In respect of new schools, first post will be created in the first year and second post in the second year. One of the two posts will be in the grade of Headmaster.

b) For every additional strength of 40, one post of Secondary Grade teacher will be sanctioned i.e., the third post at 100,- the fourth post at 140, the fifth post at 180 and so on.

c) Regarding the bifurcation of a standard, additional sections will be created when the strength exceeds 60 and so on in slabs of 40.”

6. The above referred to Government Order was the subject matter of challenge in a batch of writ petitions and writ appeals which was covered by a common order