BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2025 CORAM THE HONOURABLE MS.JUSTICE P.T.ASHA and W.M.P(MD).Nos.16875 and 16876 of 2017 The Secretary, S.R.P Middle School, Sivagiri 627 757 Tirunelveli District. ... Petitioner Vs., 1.The Director of Elementary Education, College Road, Chennai 600 006.

2.The District Elementary Education Officer, Tirunelveli, Tirunelveli District.

3.The Additional Assistant Elementary Educational Officer, Vasudevanallur, Tirunelveli District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned Staff Fixation settled by the second respondent District Elementary Educational Officer for the year 2013-2014 dated Nil insofar as it renders the only post of Physical Education Teacher as surplus and the consequential proceedings of the AAEEO in Na.Ka.No.398/A1/2017 dated 14.06.2017 and DEEO in O.Mu.No.3331/Aa1/2017 dated 07.08.2017 denying permission to fill up the post of Physical Education Teacher, quash the same and further direct the second respondent District Elementary Educational Officer to grant permission to the petitioner's school for filling up the post of Physical Education Teacher.

For Petitioner : Mr.Isaac Mohanlal Senior Counsel for M/s Isaac Chambers For Respondents : Mr.R.Baskaran Additional Advocate General assisted by Mr.T.Amjadkhan Government Advocate

ORDER

The reluctance on the part of the State to give importance to Physical Education in schools, despite the orders of the Division Bench of this Court dated 04.12.2009 and 15.06.2021, is clearly evident in the case on hand. The Court is deeply concerned by the indifference and apathy displayed by the State for the last 15 years in failing to accord Physical Education for young students the same importance as other subjects.

2.The facts which constitute the genesis of this judgment, and which have compelled the above observations, are set out hereunder:

3. The petitioner has filed the above writ petition seeking to quash the impugned staff fixation insofar as it renders the only post of Physical Education Teacher as surplus, followed by the consequential proceeding denying permission to fill up the post of Physical Education Teacher, and consequently to direct the District Elementary Officer to grant permission to the petitioner school to fill up the post of Physical Education Teacher.

4. The case of the petitioner is that the school was established as early as the year 1929 and was upgraded as a middle school in the year 1959. Education is offered from Classes I to VIII. The school mainly caters to the children of the surrounding rural areas. These students belong to the downtrodden and socially and educationally backward strata of society. The school is providing free education to the students, and except for the small sum specified by the Government, no fees or charges are collected from the children. The school runs at full capacity. For the grant of recognition, the foremost condition is the adequacy of qualified staff, and teachers are required to be appointed in accordance with the student–teacher ratio.

5. The petitioner’s contention is that a revised norm of teacher–student ratio was given effect from 01.06.1992 under G.O.Ms.No.525, School Education, dated 29.12.1997. This Government Order prescribed that, in principle, a ratio of one teacher for every 40 students would be adopted. Separate norms were prescribed for different stages of education. For primary schools, the appointment of Secondary Grade Teachers was fixed at a ratio of 1:40, with a minimum of two teachers up to a strength of 80 students. Out of these two teachers, one was required to be in the grade of Headmaster. Separate norms were also fixed in respect of special teachers. Thereafter, the Government announced revised norms on the teacher–student ratio upon the introduction of the Right of Children to Free