[Cites 1, Cited by 0]
Madras High Court
The State Of Tamil Nadu vs The Manager on 10 March, 2026
Author: R. Suresh Kumar
Bench: R. Suresh Kumar
W.A.No.487 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.03.2026
CORAM :
THE HONOURABLE MR.JUSTICE R. SURESH KUMAR
AND
THE HONOURABLE MR.JUSTICE N. SENTHILKUMAR
W.A.No.487 of 2026
1. The State of Tamil Nadu
Rep. By its Secretary
Department of School Education
Fort St. George, Chennai – 600 009.
2. The Director of School Education
College Road, Chennai – 600 006.
3. The Chief Educational Officer
Salem District, Salem – 636 001.
4. The District Educational Officer
Salem – 636 001. .. Appellants
Vs.
The Manager
RC Schools, The Salem Diocese Society
Mary Palace, No.63, Thammannan Road
Salem – 636 009. .. Respondent
Prayer: Appeal filed under Clause 15 of the Letters Patent, against
the order made in W.P.No.17783 of 2018 dated 27.02.2025.
For the Appellants : Mr.R.Neelakandan
Additional Advocate General
Assisted by Mr.J.C.Durairaj
Additional Government Pleader
For the Respondent : Mr.P.Godson Swaminath
Assisted by Ms.H.Mary Sowmi Rexi
for M/s.Isaac Chambers
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W.A.No.487 of 2026
JUDGMENT
(Judgment of the Court was made by R.SURESH KUMAR, J.)
This intra-Court appeal has been directed against the order
passed by the Writ Court dated 27.02.2025 made in W.P.No.17783
of 2018.
2. The respondent was the writ petitioner, who was a
minority-run Secondary School, originally started in the year 1939
and thereafter, it has been upgraded as a Higher Secondary School
in the year 1978. Classes for the Secondary School is from 6 th to
10th Standard and for Higher Secondary School, it is 11 th and 12th
Standard.
3. The total students' strength was 2266 at that time and the
School was entitled to have 6 posts of Physical Education Teachers
as per the Government Order which was in vogue, that is
G.O.Ms.No.525, School Education (D1) Department, dated
29.12.1997. However, the Department refixed the staff strength by
reducing the posts of Physical Education Teachers into 2.
4. The third Physical Education Teacher since has been
appointed, the said appointment has been denied for approval.
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However, the fact remains that, even the current students' strength
is 1718 and therefore, as per G.O.Ms.No.525, 1 Physical Education
Teacher for the first 250 students and thereafter, 1 Physical
Education Teacher would be entitled for further 300 additional
students, to the maximum of 3 Physical Education Teachers.
5. Here, in the case in hand, if that principle, as enunciated in
G.O.Ms.No.525, is applied to the facts of the present case, as the
School is having the total students' strength of 1718, the School
would be eligible to have a maximum of 3 Physical Education
Teachers as permitted under the said Government Order.
6. When this being the position, the third Physical Education
Teacher appointed by the School cannot be denied to be approved
by the Department of School Education and therefore, the order
passed in this regard since had been questioned before the Writ
Court, the learned Writ Court, having considered the factual matrix
as well as the import of G.O.Ms.No.525 and also taking into account
the orders passed by a Division Bench of this Court in W.A.No.226
of 2009 in the matter of The Director of School Education and
Ors. vs. K.Uma, has allowed the said writ petition, as against
which, the present intra-Court appeal has been directed.
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7. Mr.R.Neelakandan, learned Additional Advocate General
would submit that, as to whether if a School having the students'
strength of more than 250 and the further 300 additional students
would be entitled to have 1 post of Physical Education Teacher or
not is a complicated question to be answered, as there are
divergent views of two Division Benches. Therefore, at this juncture,
the view taken by the learned Judge through the order impugned
cannot be a final one and hence, the learned Additional Advocate
General appearing for the appellants wants this appeal to be
admitted and be referred to the Full Bench for an authoritative
pronouncement.
8. We do not agree with the said view expressed by the
learned Additional Advocate General appearing for the appellants for
the simple reason that, there is no ambiguity in the import of
G.O.Ms.No.525, which entitles the Schools to have maximum of 3
Physical Education Teachers if the strength of the students goes
250+300+300. Therefore, whatever be the strength beyond 850,
the maximum posts of Physical Education Teachers permissible
would be 3.
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9. Here, in the case in hand, the School is having the strength
of 1718 and therefore, certainly, it would be entitled to have 3
Physical Education Teachers and hence, the denial of approval of
the third Physical Education Teacher in this regard by the appellants
cannot be accepted. This position can be culled out from the very
import of G.O.Ms.No.525 itself, for which, there is no need for
giving any new interpretation by the Law Courts, as the very
Government Order issued in this regard itself would enable the
Schools to have a maximum of 3 Physical Education Teachers if the
students' strength crosses 850.
10. Therefore, we do not have any proposal to refer the
matter to the Full Bench, as we are in complete agreement with the
view expressed by the learned Judge through the order impugned,
thereby, allowing of the writ petition through the order impugned is
fully sustained and a justifiable one.
11. As a result, this appeal fails and hence, it is dismissed
without any costs. The orders passed by the Writ Court through the
order impugned shall be complied within a period of two months
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from the date of receipt of a copy of this order. Consequently,
C.M.P.No.4784 of 2026 is closed.
(R.S.K., J.) (N.S., J)
10.03.2026
Speaking Order/Non-Speaking Order
Neutral Citation:Yes/No
Internet:Yes/No
Index:Yes/No
(drm)
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To:
1. The Secretary
The State of Tamil Nadu
Department of School Education
Fort St. George, Chennai – 600 009.
2. The Director of School Education
College Road, Chennai – 600 006.
3. The Chief Educational Officer
Salem District, Salem – 636 001.
4. The District Educational Officer
Salem – 636 001.
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R. SURESH KUMAR, J.
AND
N. SENTHILKUMAR, J.
(drm)
10.03.2026
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