The court upheld that under government orders, the maximum limit for Physical Education Teachers in schools cannot exceed three, regardless of student strength, reinforcing the state's discretion in educational policy.

JUDGMENT :

S.SRIMATHY, J.

The present writ appeal is filed against the order passed in W.P.(MD)No.7765 of 2018, dated 14.02.2023.

2. The writ petition was filed for issuance of a writ of Certiorarified Mandamus, to quash the order, dated 24.11.2017, passed by the 4^th respondent and consequently, to direct the 4^th respondent to approve the appointment of M.Karthikeyan as Physical Education Teacher in the petitioner school with effect from 07.06.2017 with salary and all attendant benefits forthwith.

3. The brief facts are that the petitioner school is run by St. Mary's Society, Dindigul, a society registered (Registration No. 2 of 1999) under the TN Societies Registration Act of 1860. The school was initially established as a High School in the year 1923, then upgraded as Higher Secondary School in the year 1979. It is a recognised aided minority educational institution from standards VI to XII with medium of instruction as Tamil. There are 88 teachers viz., one Headmaster, 13 PG Assistants, 1 Physical Director (Grade I), 2 Vocational Instructors (Grade-I), 38 BT Assistants, 10 Tamil Pandits, 13 Secondary Grade Teachers, 5 Physical Educational Teachers 3 Drawing Teachers and 2 Sewing Teachers working and the school is receiving aid from the State Government. There are 17 aided non-teaching staff in the school viz., 3 Junior Assistants, 2 Record Clerks, 2 Lab Assistants, 1 Librarian, 3 Office Assistants, 2 Watchman, 1 Sweeper, 1 Scavenger, 2 Waterman. There are 3371 students studying in the school. The Government announced the revised Norms on teacher student ratio under G.O.Ms.No.525 (School Education), dated 29.12.1997, with effect from 01.06.1998, wherein 1:40 was adopted and separate norms were prescribed for the different stages of education. The post of Physical Education Director in the School fell vacant on 01.06.2018 due to retirement of incumbent Fr.S.Marianathan on 31.05.2017 and the school promoted one Physical Education Teacher namely, S. Victor Raj with effect from 07.06.2017 Physical Education Director. The DEO approved the same, vide his proceedings in O.Mu.No. 3367/A2/17, dated 22.06.2017. In the resultant vacancy the school appointed M.Karthikeyan as Physical Education Teacher with effect from 07.06.2017, who possesses the qualification of B.A., (Co-operation) and Master of Physical Education. For the purpose of disbursement of grant-in-aid towards salary, the school submitted proposal to the 4^th respondent DEO on 07.06.2017, but vide impugned proceedings dated 24.11.2017 denied approval by stating that the school in eligible for only three posts of Physical Education Teachers as per G.O.Ms.No.525 School Education (D1) Department dated 29.12.1997 and there are already four Physical Education Teachers working in the school, the approval to the appointment of the said M.Karthikeyan could not be granted. The contention of the petitioner the denial of approval is highly arbitrary, illegal and unconstitutional and is in complete violation of the norms fixed by G.O.Ms.No. 525, School Education (D1) Department, dated 29.12.1997. Further, notice or any opportunity of hearing was provided before passing of the impugned order. The school contended that the school is eligible for 5 Physical Education Teachers as per G.O.Ms.No.525 when the strength of classes VI to X