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2012 Supreme(Mad) 1003
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE N. PAUL VASANTHAKUMAR
St. Annes Girls Higher Secondary School & Others
Versus
The Secretary, Government of Tamil Nadu & Others
W.P.Nos.18827 of 2011, 18828, 18829, 18830, 18831 & 30041 of 2007 & M.P.Nos.1, 2 of 2011
Decided On : 24-02-2012
For the Petitioners:M. Joseph Thatheus Jerome, T. Sellapandian, M.A. Abdul Wahab, Advocates.
For the Respondents:A. Navaneethakrishnan, Advocate General assisted by P. Sanjai Gandhi, Additional Government Pleader.
The denial of eligible posts to recognized and aided schools for students within the age group of six to fourteen is a denial of free and compulsory education.
Headnote:
Additional Posts - Minority Schools - G.O.Ms.No.525, Right to Education Act, 2009 - Summary of Acts and Sections: G.O.Ms.No.525, School Education Department, dated 29.12.1997; Article 21A of the Constitution of India; Right of Children to Free and Compulsory Education Act, 2009
Fact of the Case:
The petitioners are aided Schools challenging the rejection of sanction of additional posts and praying for sanction of teaching and non-teaching posts. The schools were established and administered by a minority Educational Agency and sought additional posts for standards recognized with aid based on student strength.
Finding of the Court:
The impugned orders denying posts based on want of funds and non-sanctioning of posts to other schools were held against the respondents. The Court directed the respondents to consider and sanction additional posts to the petitioner schools based on student strength within three months, without rejecting the claim on the grounds of want of funds or lack of permission.
Issues: 1. Whether the Government can deny sanction of posts to the petitioner schools on the ground of non-availability of funds. 2. Whether the Management can claim additional posts based on the students' strength in recognized and aided standards. 3. Whether the petitioners schools can be discriminated in the matter of grant-in-aid. 4. Whether the denial of eligible posts to recognized and aided schools for students within the age group of six to fourteen is a denial of free and compulsory education.
Ratio Decidendi: The Court held that the petitioners schools cannot be denied additional posts on the ground of want of funds. It also ruled that the denial of eligible posts to recognized and aided schools for students within the age group of six to fourteen is a denial of free and compulsory education.
Final Decision: The impugned orders were set aside and the respondents were directed to consider and sanction additional posts to the petitioner schools based on student strength within three months, without rejecting the claim on the grounds of want of funds or lack of permission.
1. In all these cases, the petitioners are aided Schools and are challenging the order rejecting sanction of additional posts and pray for sanction of teaching and non-teaching posts.
2. As the issue involved in these cases are identical, all these writ petitions are dealt with by this common order.
3. Brief facts of each case in nutshell, necessary for disposal of these writ petitions are as follows:
(I) W.P.No.18827 of 2011: (a)This writ petition is filed by St.Annes Girls Higher Secondary School, Cuddalore, which is one of the School established and is being administered by the congregation of the Immacuate Heart of Mary, Pondicherry. The congregation and all its institutions including the petitioner school are declared as Christian Religious Minority Educational Institutions by the Division Bench of this Court in W.P.No.652 of 1975 dated 24.9.1976 and the same is implemented by the Department by order dated 20.11.1976.
(b) The petitioner School was established in the year 1882 as a Primary School and upgraded as a High School in the year 1935, again upgraded as Higher Secondary School in the year 1978 when the Plus Two pattern of education was introduced in the State of Tamil Nadu. The petitioner School is a fully aided and permanently recognised private minority School.
(c) In this writ petition, petitioner is seeking sanction of additional posts to standards 1 to 10. Lastly for the petitioner School, teaching posts were sanctioned in the year 1980. Thereafter no post is sanctioned. The management of the institution approved several staff and is maintaining Teacher-Pupil norms in terms of G.O.Ms.No.525 School Education Department, dated 29.12.1997. Since required number of staff as per the said ratio was not sanctioned, a representation was sent on 12.9.2006, followed with reminders dated 15.7.2007, 13.9.2010, 14.9.2010, etc.
(d) It is stated in the affidavit that the strength of the school is more than 2500 in standards 1 to 10 in Tamil medium sections and the department sanctioned the following posts:
Headmaster.. 1
B.T.Assistants.. 14
Tamil Pandits .. 8 No additional post is sanctioned in terms of G.O.Ms.No.525 dated 29.12.1997, which was implemented from 01.06.1998 in terms of the Full Bench Decision of this Court reported in 2006 (5) CTC 385. According to the petitioner, apart from the above mentioned sanctioned posts, the management appointed the following additional teachers and prayed for sanction of the said posts.
PET .. 3
Physical Director .. 1
Secondary Grade Teachers .. 30
Junior Assistants .. 3
Office Assistants .. 3
Librarian .. 1
Lab Assistant .. 1
Gardener .. 1
Watchman .. 1
Sweeper .. 1
Tamil Pandits .. 4
B.T. Assistants (English) .. 6
B.T. Assistants (Maths) .. 2
B.T. Assistants (Science) .. 3
B.T.Assistants(Social Science) .. 4
According to the petitioner School, the Department is bound to sanction the above posts as Right to Education upto the age of 14 years of age is declared as compulsory as per Article 21A of the Constitution of India and the Right to Free Education Act, 2009, which came into force from 01.04.2010 mandates one teacher for 30 students in standards 1 to 5 and one teacher for 35 students in standards 6 to 8.
(e) The petitioner institution having not been sanctioned with additional posts, W.P.No.22711 of 2010 was filed with a prayer to implement G.O.Ms.No.525 dated 29.12.1997 and sanction teaching and non-teaching posts from 20.6.2007 onwards. This Court by order dated 7.12.2010 directed the Department to pass orders on merits and in accordance with law and thereafter the second respondent passed the impugned order dated 9.7.2011 stating that no posts have been sanctioned as per the above Government Order as of now and the petitioner's claim will be considered on allocation of additional posts. The said order is challenged in this writ petition raising various contentions.
(II) W.P.No.18828 of 2011: (a)The very same Educational Agency established the petit
