P.K. Misra, J.

1. The question relates to Teacher-Pupil ratio to be fixed in respect of Elementary school.

2. The norm relating to teacher-pupil ratio has been laid down in G.O.Ms.No.525 (School Education) dated 29.12.1997, which has been made effective from 1.6.1998. The norms relating to Elementary School as per the said G.O., are extracted hereunder:

"I. ELEMENTARY SCHOOLS (Standards I to V):

(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."

3. The validity of such G.O., and the difficulty in enforcing such G.O., were the subject matter of litigation and ultimately the Division Bench in W.A. No. 1768 of 1998 dated 9