Minimum strength of teachers should not fall below.

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 9.11.2000, while approving the stand of the Government as reflected in the counter, had upheld the validity of the G.O.

4. Subsequently, however, a clarification was sought for by the Government by filing W.A.M.P. No. 5667 of 2003 and at that stage, the Division Bench observed:

"11. On a fair consideration of the entire matter, we come to the conclusion that as per G.O. Ms. No. 525, School Education (D1) Department dated 29.12.1997, the teacher-pupil ratio is 1:40 and only when the pupils' strength is at 80, second teacher's post will be sanctioned and likewise when the strength is at 100, third teacher's post will be sanctioned and the 4th teacher's post at 140 and fifth teacher's post at 180 and so on.

13. In the result, paragraph 30 of the judgment is clarified as referred in para 11 above. If the appellants have got any difficulty in teaching their pupils without having proper teachers strength, as contended by them, it is for them to approach the Government and on such approach; the Government is directed to consider the requests that would be made by the appellants in order to provide quality education."

5. Following the aforesaid clarificatory observation, it has been generally understood by the respondents that teacher-pupil ratio is fixed by taking into account the strength of the entire school.

6. Subsequently, a Division Bench of the Madurai Bench of Madras High Court in the decision in The Correspondent, Sacred Heart Primary School and Another v. The District Elementary Educational Officer, Kanyakumari and others, 2006 (4) CTC 34, observed:

"15. In other words, if there are five standards namely standards I to V in an elementary school with the economic strength of not less than 20 in each standard, and each standard reaching 40 or 80 or 100 or 140 or 180 as the case may be, the fixation of the teacher-pupil ratio as prescribed in the said Government Order will have to be made that would provide necessary teaching faculty to man each standard/class, To put it differently or to sight an analogy if in an elementary there exists standard I to V and in each standard the students strength is not less than 60, the bifurcation of standards as prescribed under Clause I(c) will have to be made and the required teacher-pupil ratio at the rate of 1:40 with a minimum of two secondary grade teachers upto a strength of 80 for each standard will have to be maintained. If the ratio as prescribed in the G.O.Ms.No.525 dated 29.12.1997 is not applied in the above said manner, that would result in total lack of required number of teachers to man the minimum number of pupils in each standard, which would ultimately result in great fall in the standard of education and such a position can never be acknowledged or accepted as claimed by the respondents."

7. The ratio o