ST ANNES GIRLS HIGHER SECONDARY SCHOOL, CUDDALORE Vs. SECRETARY, GOVERNMENT OF TAMIL NADU, EDUCATION DEPARTMENT

JUDGEMENT

(1.) In all these cases, the petitioners are aided Schools and are challenging the order rejecting sanction of additional posts and pray for sanction of teaching and non-teaching posts. As the issue involved in these cases are identical, all these writ petitions are dealt with by this common order.

(2.) Brief facts of each case in nutshell, necessary for disposal of these writ petitions are as follows:

(3.) (i) The District Educational Officer concerned, who is the third respondent in W.P.Nos. 18827 to 18831 of 2011 filed separate counter affidavits in all these cases. It is admitted in the counter affidavit that the petitioner in W.P.No. 18827 of 2011 is a minority school functioning as a Higher Secondary school, recognised with aid for standards 1 to 12. 58 teaching staff and 13 non-teaching staff were sanctioned to the school, which is having 41 sections in standards 1 to 10. The School management has submitted the students strength and staff requirement as on 1.8.2010. For additional sections in standards 1 to 10, the management should have obtained permission from the competent authority and if additional sections are created without any permission from the department the department cannot be held responsible for paying salary to such teachers. G.O.4D No. 4 Education Department dated 25.11.1991 was issued stating that no new school or upgradation of the existing school or opening of higher standards or additional sections in an existing school is eligible for any grant. It is further stated that even though right to education upto 14 years of age has been declared as free and compulsory as per the Right to Education Act, 2009, the respondents are unable to sanction additional posts for additional sections, which were opened without obtaining permission from the department. Hence the order passed on 9.7.2011 is valid and no interference is called for.