C O M M O N O R D E R

These writ petitions have been filed as against the order of District Elementary Educational officers, settling staff fixation for the academic years 2014-2015, 2015-2016 and 2016-2017 that the same has not been in accordance with the Government Order in G.O(Ms) No.525, School Education (D1) Department, dated

29.12.1997 and on the directions issued by the Full Bench of this Court in Director of Elementary Education Chennai and others Vs.S.Vigila, reported in 2006 (5) CTC 385.

2. Since all these writ petitions are arising out of the issue in respect of staff fixation in the aided Institutions, all these writ petitions are heard together and disposed of by this common order.

3.The learned counsel appearing for the petitioner Schools submits the petitioner Schools are recognized and aided Minority Educational Institutions owned and administered by the Roman Catholic Diocese of Kuzhithurai at Kanyakumari District. The Schools were established as a Primary School and the medium of instruction is Tamil. The Government has issued a Government Order in G.O(Ms) No.525, School Education (D1) Department, dated 29.12.1997, in and by which, the student teacher ratio has been fixed as one teacher for every 40 students and the same was interpreted by the Judgment of the Full Bench of this Court in Director of Elementary Education Chennai and others Vs.S.Vigila, reported in 2006 (5) CTC 385 and the relevant paragraph is as under:

23. Keeping in view the various relevant aspects, we feel that G.O.Ms.No.525 dated 29.12.1997 should be interpreted in the following manner:-

(1)The ratio of students-teacher strength as indicated in the G.O. should be primarily considered by taking each individual standard/section as a unit.

(2)The minimum strength of teachers required obviously should not fall below the number of Standards/Section in a school. In other words, if there are five standards, obviously the minimum number of teachers should be five, out of which one would be the Headmaster.

(3)If the students' strength in a particular Standard exceeds 60, at that stage, an additional section is required to be created requiring the sanction of a second teacher and the strength reaches 100, the post of a third teacher is required.

(4)Even after maintaining the aforesaid ratio by taking into account the students strength of each individual standard and additional section, as the case may be, by keeping in view the teacher- students ratio 1:40 of the entire school if the teachers strength is required to be increased, the same has to be allowed, but in no case, the teachers strength should be less than the number of standards including the additional sections. If more teachers are thus sanctioned keeping in view the over all strength of the school, the authorities of the school should create additional section in respect of any particular Standard according to the need and convenience keeping in view the standard of eduction. This requirement is not only in respect of aided schools or Government schools, but also in respect of any private recognised school. In other words, this ratio is to be maintained for any school which requires recognition.

(5)It would be obviously open to the Government to formulate appropriate norms in consonance with the above observation and provisions of the constitution Therefore, according to the learned counsel for the petitioner, the ratio of the student and teacher strength has to be considered by taking into the number of sections as Unit. However, the staff fixation has been made in the petitioner Schools without considering the directions issued by the Full Bench of this Court as stated supra.

4.In response to these writ petitions, the learned Additional Advocate General assisted by Additional Government Pleader appearing for the respondents submits that G.O(Ms) No.525, School Education (D1) Department, dated 29.12.1997 and the order of the Full Bench of this Court reported in Director of Elementary Education C