NORTH ARCOT AMBEDKHAR AND SAMBUVARAYAR DISTRICT RECOGNISED PRIVATE AIDED PRIMARY AND MIDDLE SCHOOLS MANAGERS AND TEACHER MANAGERS ASSOCIATION Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) In all these cases, cornmon question arises for consideration i.e., regarding validity of G.O.Ms.No. 525, School Education (D-l) Department, dated 29.12.1997. All these petitioners seek to quash the said order for various reasons mentioned in the writ petitions.

(2.) All these writ petitions are filed by the management of various private aided, educational institutions. These institutes have been appointing teachers possessing the requisite qualifications as prescribed under the Rules and have been making payment to the said teachers in accordance with the scales of pay applicable to the respective category of teachers. None of these institutes collect any fee from the students and they have been depending upon the maintenance grant which is made up of a percentage of the teaching grant in order to maintain their schools. All schools are involved in advancement of education in the state and the schools are properly and thoroughly maintained and they show remarkable progress in educational Standards as well as in teaching discipline to the students.

(3.) Regarding appointment of teachers, the same is regulated by the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973. Sanction of teaching staff is determined on the number of students studying in the school as on 1st August every year. As a matter of fact, the number of teachers are determined on the basis of the strength of the students and in G.O.Ms.No. 250, dated 29.2.1965, the ratio was fixed as 1 : 35 i.e., for every 35 students a teacher. Even though the teacher student ratio is 1 : 35, if a class has not a strength of minimum 20, the grant would be available for one teacher.