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2009 Supreme(Mad) 5294
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE S.J. MUKHOPADHAYA & THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN
The Director of School Education & Others
Versus
K. Uma
W.A.No.226 of 2009 & W.P.No.25348 of 2008
Decided on : 04-12-2009
For the Appellants: G. Sankaran, Special Government Pleader.
For the Respondent:Rabumanohar, Advocate.
The central legal point established in the judgment is the entitlement of Higher Secondary Schools to have more physical education teachers based on student strength, and the need for a liberal interpretation of G.O.Ms.No.525 to accommodate the varying strength of students.
Headnote:
Physical Education Teacher - Transfer Dispute - G.O.Ms.No.525, School Education dated 212. 1997 - The court interpreted G.O.Ms.No.525 with regard to physical education teachers appointment, emphasizing the entitlement of Higher Secondary Schools to have more physical education teachers based on student strength. The judgment highlighted the importance of physical education for students' health and academic performance, and stressed the need for a liberal interpretation of G.O.Ms.No.525 to accommodate the varying strength of students.
Fact of the Case:
The respondent, a Physical Education Teacher, challenged her transfer from one school to another, citing violation of teacher-pupil ratio norms and a government order prohibiting transfers during the academic year. The court was required to interpret G.O.Ms.No.525 with regard to physical education teachers appointment.
Finding of the Court:
The court found that the respondent's transfer in the middle of the academic year and the violation of teacher-pupil ratio norms were unjustified. It emphasized the importance of physical education for students' health and academic performance, and stressed the need for a liberal interpretation of G.O.Ms.No.525 to accommodate the varying strength of students.
Issues: The issues involved the legality of the respondent's transfer, compliance with teacher-pupil ratio norms, and the interpretation of G.O.Ms.No.525 with regard to physical education teachers appointment.
Ratio Decidendi: The court's decision was influenced by the interpretation of G.O.Ms.No.525, emphasizing the entitlement of Higher Secondary Schools to have more physical education teachers based on student strength, and the importance of physical education for students' health and academic performance.
Final Decision: The writ petition was allowed, and the Writ Appeal filed by the government was dismissed. No costs were awarded.
This writ appeal has been filed against the order passed in M.P.No.1 of 2008 in W.P.No.25348 of 2008 by which learned single judge granted interim stay of the transfer of the respondent and also and also directing the appellants to release the salary payable to the respondent herein with effect from 10. 2008.
2. The facts of the case are as follows:
The respondent is a Physical Education Teacher and she is presently working in Government Girls Higher Secondary School, Salem,Minnampalli, Salem from 110. 2008 onwards.
3. The respondent/teacher was transferred from Government Girls Higher Secondary School to Government Girls Higher Secondary School, Minnampalli, Salem District by an order dated 110. 2008 based on teacher-pupils ratio is not as per norms. The norms as per the Government of Tamil Nadu for teacher pupil ratio with regard to Physical Education Teacher is 1:250. In the Government Higher Girls Secondary School, Salem there are about 4 sanctioned posts in Physical Education Teacher and out of four one post is vacant and three persons are working. The strength in the Government Girls Higher Secondary School, Salem is 3948 students and the number of Physical Education Teacher working in the school are one Physical Director and three teachers. The present position of the teacher-pupil ratio in Government Girls Higher Secondary School, Salem is 1.1000, which is more than the required norms prescribed by the Government.
4. Aggrieved by the transfer order, the respondent approached this court challenging the transfer order contending that the required teacher-pupil ratio is 1:1000. As far as Physical Education is concerned there is no necessity to transfer the respondent to any other school. Secondly the respondent teacher contended that as per Tamil Nadu Government G.O.Ms.No.10 P & AR ( Per-s), Department dated 1. 1994, there cannot be any transfer during non-transfer period after the commencement of the academic year. The academic year of all the schools in Tamil Nadu, commenced in June, 2008 and, the transfer order was passed on 110. 2008 that is in the middle of the academic year. It is the further contention of the respondent herein is that the respondent was serving in the fourth vacancy as Physical Education Teacher and one P.Rajeshwari was to retire after service on 35. 2009 and thereafter the respondents post would be in third vacancy and the respondent could be retained in the same school. The respondent contended before the learned Single Judge that after the issue of G.O.Ms.No.525, School Education dated 212. 1997 which prescribes teacher pupil ratio, the Director of School Education issued an order dated 2. 2000 stating that if a school is having more than three Physical Education Teachers, the school is entitled to retain Physical Education Teacher and the excess need not be deputed to other schools and that in view of the government order also the transfer order is liable to be quashed.
5.The appellant herein filed counter affidavit stating that in accordance with G.O.Ms.No.525, School Education dated 212. 1997 para 5(iii) C, if the strength in classes VI to X in High School exceeds 250, one post of Physical Education Teacher would be sanctioned for every additional strength of 300 one additional post of Physical Education Teacher subject to maximum of 3. In para 5 IV(f) of government order it is stated that for a Higher Secondary Schools with a strength of over 400 in Higher Secondary Section one post of Physical Director would be given by upgradation of existing post of Physical Education Teacher and as per para 5 III C and 5 IV (f), maximum three Physical Education Teacher (including one Physical Director) are eligible for a completed Higher Secondary School.
6. It was submitted before the learned Single Judge that the Government Higher Secondary School is eligible for two Physical Education Teachers and one Physical Director post, even though the school is having strength of 2459 students in sec
