Anderson Higher Secondary School, v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Anderson Higher Secondary School, Kanchipuram - 631 501.
Rep. by its Correspondent A.E.Sachidanandam.
...Petitioner
Vs.
1.
State of Tamilnadu, Rep. by its Principal Secretary to Government, School Education Department, Fort St. George, Secretariat, Chennai - 600 009. 2.
The Commissioner of School Education, DPI Campus, College Road, Chennai - 600 006.
3.
The Chief Educational Officer, Kanchipuram District, Kanchipuram.
4.
The District Educational Officer, Kanchipuram Education District, Kanchipuram.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to pass orders for 1/8
arriving teacher-pupil ratio for every academic year and for fixation of staff strength by taking into consideration of entire students strength in English Medium sections from Std. VI to X, based on the representation submitted by the petitioner school dated 12.07.2021, with all consequential and other attendant benefits within a time frame to be fixed by this Hon'ble Court. For Petitioner : Mr.G.Sankaran, Sr.C For Respondents : Ms.E.Ranganayagi, AGP
ORDER
This Writ petition has been filed seeking direction to the respondents to pass orders for arriving teacher-pupil ratio for every academic year and for fixation of staff strength by taking into consideration of entire students strength in English Medium sections from Std. VI to X, based on the representation submitted by the petitioner school dated 12.07.2021, with all consequential and other attendant benefits.
2. It is the case of the petitioner that the petitioner school has both Tamil and English Medium in which more than 2000 students are studying. However, for the purpose of fixing the staff strength based on the teacher2/8
pupil ratio, the Department is taking into consideration only English medium, that too of a single section, though there are several sections being conducted based on actual students strength in English medium. Effectively, one section alone from each standard is being taken for the purpose of arriving at the student-teacher ratio and not the entire strength, as the teachers take classes for both English and Tamil Medium. Though the Madurai Bench of this Court in W.P.(MD)No.76 of 2019, vide order dated 31.03.2021 had passed orders, however, the respondents have not taken into consideration the said directions while fixing the teacher-pupil ratio. Therefore, the petitioner filed a representation before the respondent, which has not seen the light of the day, resulting in filing of the present petition.
3. Learned counsel for the petitioner submitted that, there are more than 2000 students in the petitioner school and the 2nd respondent has to consider the genuine request and permit the petitioner to make appropriate application to maintain teacher pupil ratio for fixing staff strength for the ensuing academic year including both English and Tamil medium and the same has to be considered by the 2nd respondent in terms of the order of the Division 3/8
Bench of this Court dated 31.3.21 made in W.P. (MD) No.76 of 2019.
4. Learned Additional Government Pleader appearing on behalf of the respondents submitted that this Court may permit the petitioner to submit a copy of the representation along with the order passed in W.P.(MD).No.76 of 2019 as also a copy of this order within a particular time frame before the appropriate respondent and the respondents may be directed to pass orders within a particular time frame as fixed by this Court.
5. Heard learned counsel on either side and perused the material documents placed on record.
6. There is no quarrel with the fact that the Division Bench of this Court in W.P.(MD).No.76 of 2019 had passed an exhaustive order with regard to the manner in which the teacher-pupil ratio in the schools have to be fixed. The grievance espoused by the petitioner is that the fixation should adhere to the said order passed by this Court towards which the petitioner has given a representation, but on which no orders has been passed. 4/8
7. In view of the limited relief sought for, this Court, without going into the merits of the present petition, directs the petitioner to submit a copy of the representation along with a copy of this order as also the copy of the order in W.P.(MD).No.76 of 2019 to the 2nd respondent within a period of two (2) weeks from the date of receipt of a copy of this order and on receipt of the said representation, the 2nd respondent is directed to consider the same and pass orders on merits and in accordance with law within a period of eight (8) weeks thereafter.
8. This writ petition is disposed of with the aforesaid observations and directions. No costs.
08.08.2024 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No 5/8
To:
1.
State of Tamilnadu, Rep. by its Principal Secretary to Government, School Education Department, Fort St. George, Secretariat, Chennai - 600 009. 2.
The Commissioner of School Education, DPI Campus, College Road, Chennai - 600 006.
3.
The Chief Educational Officer, Kanchipuram District, Kanchipuram.
4.
The District Educational Officer, Kanchipuram Education District, Kanchipuram.
6/8
M.DHANDAPANI , J.
skt 7/8
08.08.2024 8/8