The main legal point established in the judgment is the court's power to issue a writ of mandamus to direct the sanctioning of a post and the approval of an appointment, based on the school's eligibility and the fundamental right to education.

The prayer in the writ petition is to issue a writ of mandamus directing the respondents 1 and 2 to sanction the post of Physical Education Teacher in the 5th respondent School and further direct the respondents to pay salary from 11. 1988.

2. The case of the petitioner is that the 5th respondent School is a Private Minority Aided School. The 5th respondent School was originally established and administered as Elementary School, which was upgraded as Middle School from 8. 1981 and further upgraded as High School from 6. 1988. One post each of Headmaster, B.T.Assistant/Graduate Teacher, Tamil Pandit and Office Assistant were sanctioned to the High School setions with effect from 6. 1994 and no Physical Education Teacher post and Junior Assistant post were sanctioned. Petitioner states, the strength of the school exceeded 300 from 1994-95; during the year 1988-89 the student strength was 203; and during the year 1989-90 the strength was 250. The 5th respondent management, in anticipation of the sanction of Physical Education Teacher post, appointed the petitioner as Physical Education Teacher from 11. 1988. The petitioner claims that he is fully qualified to hold the said post as he had passed B.A. and D.P.Ed degrees. Before joining in the 5th respondent School, the petitioner served in Antonia Desoza High School, Bombay, from June, 1983 to November, 1988, and he resigned from the said post and joined in the 5th respondent school on 11. 1988.

3. The 5th respondent submitted representations to the respondents 1 to 4 for sanction of one Physical Education Teacher post as per G.O.Ms.No.340 Education Department, dated 4. 1982, which states that one post of Physical Education Teacher is allowed to High Schools, if the student strength exceeds 300. In the year 2000, the respondents 3 and 4 recommended for sanction of Physical Education Teacher post for the 5th respondent School. The School management thereafter having failed to take any further steps and the petitioner having been appointed and working in the 5th respondent school from 11. 1988 without salary and other benefits, he has chosen to file the above writ petition for sanction of the post to the 5th respondent School and for consequential payment of salary and other benefits.

4. According to the petitioner, the 4th respondent sent a report on 212. 2001 and requested the third respondent for sanction of the post. The second respondent through his proceedings dated 20.4.2002 called for certain particulars from the 5th respondent School, which was also furnished by the 5th respondent. The petitioner being the aggrieved person, submitted representations on 21. 1995, 29. 1995, 10. 1997, 17. 1999, 12. 1999 and 17. 2002 and requested to sanction the post.

5. The writ petition was admitted by this Court on 20.8.2002, but no counter affidavit is filed by respondents 1 to 4. However, the learned Additional Government Pleader on the basis of the instructions given by the 4th respondent argued the case.

6. The learned counsel appearing for the petitioner argued that such of those schools which were opened/upgraded during the period 1988-89 and 1989-90, on condition that no amount will be paid for the initial period of three years, were granted sanction of post by the Government through G.O.Ms.No.50 Education, Science and Technology Department, dated 20.1.1995, with effect from 6. 1994. The second respondent through his proceedings dated 21. 1995 sanctioned one post each of Headmaster, B.T.Assistant, Tamil Pandit and Office Assistant, with effect from 6. 1994. The said sanction of post was ordered following the guidelines issued for the sanction of posts in G.O.Ms.No.340 Education Department, dated 4. 1992. In the said Government Order it is stated that if the strength of the School exceeds 300, the School is entitled to get sanction of one post of Physical Education Teacher. The learned counsel for the petitioner further submitted that the strength of the School was more than