JUDGMENT :

(Prayer : Writ Petitions filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus to Call for records of the 2nd respondent issued in Na.Ka.No.020889/H2/2018 dated 28/11/2018 and quash the same and issue direction to the respondents to implement G.O.Ms.No.525 School Education (D1) Department dated 29/12/1997 as declared by this Court in judgment reported in 2006 (5) CTC 385 (2009) 7 MLJ 527 and grant the Aid to the petitioner's Sri Kumaragurubara Swamigal Middle School, Thiruloki Kumbakonam, Thanjavur District by sanctioning teaching posts for the upgraded recognized Standards of 6th to 8th in the year 1990-1991 and pay salaries with all benefits from 01/06/1997 onwards with prevailing rules.)

The petitioner has questioned the impugned proceedings of the second respondent dated 28.11.2018 and has sought for a consequential direction to the respondents to implement G.O.Ms.No.525 School Education (D1) Department dated 29.12.1997 and to grant aid to the petitioner School by sanctioning teaching posts for the upgraded Middle School.

2. The petitioner School was originally a Primary School with standards 1 to 5 and it was upgraded as a Middle School from 1990-1991 through the proceedings of the second respondent dated 19.07.1990. Even when the order upgrading the School was passed, a condition was imposed to the effect that no Government aid will be granted for a period of three years.

3. The petitioner School applied for granting aid in the year 1993 and the second respondent through letter dated 16.07.1993, informed the petitioner that the same will be considered and a decision will be taken. It has to be stated here that the petitioner is a denominational minority educational agency and it is recognised as a Minority School.

4. The Government of Tamil Nadu, School Education Department issued G.O.Ms.No.523, dated 29.12.1997, by revising the norms and it provided that the Schools opened up to the academic year 1990-1991, were sanctioned additional posts on the teacher - pupil ratio of 1:50 with effect from 01.06.1997. This was made applicable only to those schools run by minority managements.

5. The Government of Tamil Nadu issued G.O.Ms.No. 525, dated 29.12.1997, in which norms were fixed for teacher - pupil ratio of 1:40 and consequent additional strength of teacher posts was also fixed. The said Government Order dealt with the norms for assessment for grant for Schools opened up to 1990-1991.

6. As a consequence to G.O.Ms.No.317, dated 25.07.1997, the Government of Tamil Nadu passed G.O.Ms.No.13, dated 29.01.1998 and granted nearly 900 posts to various Schools which were opened/ upgraded up to 1990-1991.

7. The Government of Tamil Nadu also issued G.O.Ms.No.120 dated 10.5.2000, wherein the Government recognised that some of the Schools have not been provided with the Government aid even though they were opened up to 1990-1991 and hence sanctioned Government aid to the left out Schools.

8. The petitioner Institution made representations dated 04.04.2002 and 20.01.2003 and requested for grant of sanction of posts to the petitioner School. Since the same was not considered, the petitioner also filed a Writ Petition before this Court in W.P.No.30954 of 2003 and this Court directed the first respondent to consider the representations and communicate the same to the petitioner. Accordingly, the first respondent through communication dated 02.08.2004, rejected the representations made by the petitioner.

9. Aggrieved by the same, the petitioner filed W.P.No.29216 of 2004. This Writ Petition was disposed of by an order dated 16.08.2018. The relevant portions in the order are extracted hereunder:

4. It is not in dispute that the Chief Educational Officer granted recognition for Standards 6 to 8. The recognition for the 6th Standard was given on 25.07.1990 and for the Standards 7 and 8, recognition was given by an order dated 10.06.1993. It is stated that the petitioner-School applied for gra