Judicial review mandates that authorities must comply with court directives and provide detailed justifications for administrative decisions regarding staff appointments, particularly in educational contexts.

ORDER :

T. Vinod Kumar, J.

Heard the learned counsel for the petitioner, learned Additional Advocate General assisted by the learned Government Advocate appearing for the respondents 1 to 5.

2. The case of the petitioner in brief is that the sixth respondent is a Minority-Aided Higher Secondary School having classes from 6^th to 12^th class; that during the year 2010-2011, the aforesaid school had three sanctioned posts of Physical Education Teacher (PET); that one of the Physical Education Teacher from and amongst the sanctioned post of PET had retired from service on 31.05.2011; and that against the aforesaid sanctioned vacancy, the petitioner was appointed on 15.06.2011.

3. It is the further case of the petitioner that on the sixth respondent appointing him against the sanctioned vacancy which had fallen vacant on account of the existing Physical Education Teacher retiring from service on attaining the age of superannuation, had sought for approval of the appointment of the petitioner by approaching the respondents; that the respondents authorities by proceedings dated 16.08.2011, rejected the aforesaid proposal sent by the sixth respondent School in relation to the appointment of the petitioner.

4. The petitioner further contented that on the respondents authorities rejecting the proposals sent by the sixth respondent for according approval for the appointment of the petitioner, the sixth respondent had approached this Court by filing a writ petition in WP.(MD).No.12371 of 2014; and this court by an order dated 27.08.2019 while allowing the writ petition, set aside the aforesaid rejection order dated 16.08.2011 and issued the following directions:

“17. This being the factum of the case, the respondents are directed to review the entire facts and circumstances prevailing in the writ petitioner’s School with reference to the staff strength as well as the students teachers ratio and take appropriate decision by following the Government orders in force as well as the Rules and Statute. If at all any appointments made long back is in accordance with the Statute and Rules in force, all such cases are to be considered with reference to the Rules in force and based on the students strength which was prevailing during the relevant point of time. The said exercise is directed to be done within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioner’s School is also at liberty to submit a fresh proposal, if any along with all documents, enabling the competent Educational Authorities to scrutinise the same with reference to the Rules in force.”

5. It is the further contention of the petitioner that on this Court, setting aside the earlier proceedings by which the proposal sent by the 6^th respondent was rejected, the respondents authorities claiming to be complying with the order of this Court, have issued the impugned order, dated 05.12.2020 stating that as per the Government order in G.O.Ms.No.525, School Education (D1) Department, dated 29.12.1997 and the Government letter, and based on the number of teachers and students, only three posts are eligible for the 6^th respondent Higher Secondary School, namely one post of Physical Education Director Grade I, two posts of Physical Education Teacher.

6. It is the further contention of the petitioner that though this Court while disposing of the writ petition in WP.(MD).No.12371 of 2014 had given a specific direction to the respondents cannot to look into the aspect of staffs strength as well as student-teacher ratio and take appropriate decision by following Government Orders in force, no such exercises were undertaken while passing the impugned order.

7. It is the further case of the petitioner that at any given point of time, the sixth respondent school had not less than 1,800 students and as such the respondents cannot claim the sixth respondent School of not having the required student strength and is entitled only to one post of Physical Education Director