DIRECTOR OF SCHOOL EDUCATION, Vs. M.VENKATASAMY NAICKER

JUDGEMENT

(1.) This writ appeal is directed against the order dtd. 23/2/2017 made in W.P.(MD)No.923 of 2010 filed by the respondent herein.

(2.) The respondent is the Manager-cum-Correspondent of an aided elementary school known as Hindu Thuvakkapalli, situated at Sattikinathupatti Village, R.Reddipatti P.O., Rajapalayam Taluk Virudhunagar District. The school was founded in the year 1938. It was a recognized institution right from the inception. It is a private school governed by the provisions of Tamil Nadu Recognized Private Schools (Regulation) Act 1973 and the Rules framed thereunder. The school management felt aggrieved by the staff fixation proceedings issued by the District Elementary Education Officer, Virudhunagar. The District Elementary Education Officer, Virudhunagar, noted that the registered students' strength of the school was 113 and that on the inspection date, 81 students were found to be in attendance. The details of the students strength as found in August 2009 as under:-

(3.) The school was having a sanctioned strength of three teachers including that of headmaster. Since there were only 81 students, one teacher was rendered surplus. Since the redeployment of the teacher rendered surplus became imminent, the respondent filed W.P.(MD)No.923 of 2010 challenging the said proceedings and the order passed by the District Elementary Eduction Officer on 12/10/2009 declaring one teacher as surplus was set aside.