The impugned circular was in violation of the relevant rules and government orders, as it did not consider the availability of qualified teachers in the subjects and was issued without application of mind.

1. Prayer in the Writ Petition is to quash the proceeding of the second respondent/Director of School Education in Na.Ka. No. 30687/D1(2)/04 dated 26.10.2004 insofar as the Schools under the petitioner-management are concerned.

2. The brief facts necessary for disposal of the Writ Petition as stated in affidavit are as follows:

(a) Petitioner is a Corporate Manager of the Schools, established and administered by the Church of South India, Kanyakumari Diocese, which is a Christian Minority Educational Agency. The Educational Agency has established and is administering several institutions including number of schools. The teachers in the said schools are being appointed based on the sanction of post, following the qualifications prescribed by the Government from time to time.

(b) According to the petitioner, there are four categories of teachers in the aided schools apart from Special teachers, Language Teachers, Physical Education Teachers and Vocational Instructors, viz.,

(i) Secondary Grade Teachers with qualification of pass in SSLC and Diploma in Teacher Training for standards, 1 to 5 in Primary Schools;

(ii) Middle Grade Graduate Teachers with B.A./B.Sc. and B.Ed. qualification for standards 6 to 8 in Middle Schools/Middle Sections;

(iii) B.T. Assistants with B.A./B.Sc., and B.Ed. qualification for standards 9 and 10 in High Schools/High School Sections; and

(iv) P.G. Assistants with M.A./M.Sc./M.Com. and B.Ed. qualification for standards 11 and 12 in Higher Secondary Schools.

It is stated in the affidavit that prior to issuance of G.O. Ms. No.79 Education, dated 14.6.2002, all the teachers in standards 1 to 8 were in the cadre of Secondary Grade, that is, with SSLC with Diploma in Teacher Training qualification. By virtue of G.O. Ms. No. 79 Education, dated 14.6.2002, the Government found that the Secondary Grade Trained Teachers are not found competent to handle the middle School syllabus of standards 6, 7 and 8 in the subjects English, Maths the primary level.

(c) Taking note of the said fact, the Government thought fit to upgrade the secondary grade post available in the aided schools of standards 6 to 8 as Middle Grade Teacher post from 1.6.2002 and that they will be paid one advance increment. It is also stated in the said Government Order that the statutory rules will be amended for the creation of Middle Grade Graduate, Teacher post for standards 6 to 8 in middle schools, high schools and higher secondary schools.

(d) Insofar as the aided schools are concerned, the Government subsequently issued G.O. Ms. No. 125 School Education Department, dated 12.11.2003 by stating that the Secondary Grade Teacher posts will be downgraded as Junior Grade Secondary Grade Teachers; B.T Grade teachers post will be called as Junior Grade B.T. Teachers and the P.G. Grade Teachers will be called Junior grade P.G. Assistants with consolidated pay of Rs.3,000, Rs.4,000 and Rs.4,500 respectively. Amendment to Rule 15 of the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974, was also made, which reads as follows:

"1. In Rule 15:

(a) in sub-rule (2), after Clause (1), the following clause shall be inserted namely:

"(A-I) The Schools committee of every Private Schools shall enter into a agreement with the person appointed as Junior Grade teacher in Form vii-c"

(b) after sub-rule (6) the following sub-rule shall be inserted namely:

"(6-A) The person appointed as Junior Grade Teacher in a private School shall possess the qualifications specified in Annexure V-A"

2. after Annexure V, the following Annexure shall be inserted namely:

..............

..............”

(e) In Annexure V-A, the qualifications prescribed for the post of Junior Grade B.Ed. Teachers in High Schools and Higher Secondary Schools are B.A. or B.Sc., of any University in the State or its equivalent and B.T. or B.Ed.; for Junior Grade B.Ed., Teacher in the Middle Schools, B.A., or B.Sc., of any University in the State or its equivalent and B.T. Or B.Ed.; for Junior Grade