ORDER

The writ of Mandamus has been instituted to direct the respondents 1 to

4 to upgrade the post of Physical Education Teacher held by the petitioner in the 5th respondent school to the post of Physical Director Grade II on and from 29.12.1997 being the date of G.O.Ms. No.525 and further promote him as Physical Director Grade I on and from 2012 being the date of upgradation of the School as Higher Secondary with due seniority and all attendant benefits.

2. The petitioner states that he joined as Physical Education Teacher on

20.11.1991 at C.M. Subbaraya Mudaliar High School. The said School was an Aided Government Recognized School and governed by the Private School Regulations Act and Rules. The petitioner states that he is a Post Graduate in Physical Education on the date of joining as a Physical Education Teacher. His services were regularized from 20.11.1991 on completion of the period of probation. On completion of 10 years of service, the petitioner was awarded with Selection Grade in the post of Physical Education Teacher with effect from 20.11.2001.

3. The grievances of the writ petitioner is that the authorities failed to grant upgradation as per the Government order issued in G.O.Ms.No.525 dated 29.12.1997. Due to non-upgradation of the post in the said School, the petitioner lost his opportunity for promotion to the posts of Physical Education Director Grade-II and Grade-I as per the said Government Order. Thus, the petitioner is constrained to move the present writ petition.

4. The learned counsel for the petitioner mainly contended that as per the Government order issued in G.O.Ms.No.525 dated 29.12.1997, when the strength in Clauses VI to X in High Schools exceeds 250, one post of Physical Education Teacher would have to be sanctioned and for every additional strength of 300, one additional post of Physical Education Teacher would have to be sanctioned subject to a maximum of 3. As per clause (f) of 5(IV) for schools with a strength of over 400 one post of Physical Director will be given upgradation of existing posts of Physical Education Teacher.

5. The learned Additional Government Pleader appearing on behalf of the respondents 1 to 4, objected the contentions raised on behalf of the writ petitioner by stating that the claim of the writ petitioner is based on incorrect factual details.

6. The facts remains that if the C.M. Subbaraya Mudaliar non-minority aided High School, Kancheepuram had been absorbed by the Government from 24.02.2009, the petitioner should have been physical education teacher in the aided school of the same and his promotion opportunity would never come until the post sanction of Physical Director Grade I to the particular aided school. There is no possibility for sanction of the Grade II and Grade I Physical Director in that school because there should be strength of not less than 400 students for the classes from 9 to 12 for upgrading Grade I Physical Director and there should be strength of not less than 750 students for upgrading one physical education teacher post to Grade II Physical Director. It is stated that in Proceedings R.C. No. 221118/N4/6 dated 13.12.1968 of the Director of School Education, Chennai – 6 and the copy of the proceedings R.C. No. 1532/G4/46 dated 13.04.1947 of the Director of Public Instructions it is clearly pointed in para 4 of the proceedings as produced below:-

“3. Complete Secondary Schools eligible in employee or more physical education teachers should also invariably include one physical Director with graduate qualifications, the assistance being preferably Higher Grade Physical Education Certificate holders, subject to the condition that the Physical Director shall not ordinarily be employed in schools with less than 750 pupils.”

Subsequently, it is pointed out in proceedings R.C. No. 24531/W7/W2/97 dated 26.05.2000 of the Director of School Education, Chennai – 6 that there should be not less than 400 students strength for standard 9 to 12 for upgrading the p