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Numbers play an important role in Democracy. Similarly, in this case, the number of students to be admitted in a class as well as in the school is the subject matter of the writ petition.

2. The petitioner is an association running four matriculation schools in Chennai right from 1937. Apart from that, the petitioner association also runs several other training institutions, free dispensaries and sponsors several social service organizations and charitable institutions for the benefit of the society. In the petitioner run schools, they have classes from Pre K.G till 12th standard.

3. The Matriculations Schools are governed by the Code of Regulations for Matriculations Schools. In the year 2009, the Right of Children to Free and Compulsory Education Act, 2009 ('RTE' Act, in short), was brought into effect with an intention to provide free and compulsory education to all children of the age of 6 to 14 years. In accordance with Section 38(1) of the Act, the Tamil Nadu Right of Children to Free and Compulsory Education Rules, 2011, were also brougth into effect. As per the Act and Rules, it is mandatory for the petitioner schools and similar schools to admit, in Class I or at Pre-SChool Level, to an extent of atleast 25% of the strength of that class, children belonging to weaker sections and disadvantaged group in the neighbourhood and provide free and compulsory elementary education till its completion and the expenditure incurred would be reimbursed by the State Government. Though there is no problem with regard to implementation of RTE Act, the dispute has been raised with regard to number of students to be admitted in classes and the number of teachers to be appointed and the number of sections in a school in respect of each class. With regard to the number of students in a section and the number of sections in a standard and the pupil teacher ratio, two circulars have been issued by the respondents, which are impugned before this Court.

4. Mr.J.Abhishek, learned counsel for the petitioner would submit that the Matriculation Schools were governed earlier by the Tamil Nadu Code of Regulations for Matriculation Schools. As per Regulation 14(iii) of the Code, 50 students could be admitted in a section and one teacher would be appointed for each section. There should not be more than 4 sections in a class and to open a fifth section, for a standard, permission should be obtained from the Inspector. As per the Code, student-teacher ratio is 50:1 and the upper ceiling for sections in a Standard is five and consequently, the total strength would be 250. Further, even as per the RTE Act, which came into force in 2009, there is no upper limit fixed for students's strength for either LKG or VI standard. As per the schedule annexed to the Act, only teacher-student ratio has been given and there is no upper ceiling fixed regarding the permissible strength of students per class. When the RTE Act came into force in 2009, the petitioner is bound to follow the same. However, contrary to the RTE Act and the Rules made thereunder, the impugned circulars have been issued restricting the strength of the students in a section to 30 from LKG to V standard and 35 students in each section for Classes VI to VIII. Moreover, the maximum number of sections in a class has been fixed as five, consequently, restricting the students' strength to 150, in respect of each standard, which according to the petitioner is in violation of the statute, particularly, Sections 12, 25 and Schedule of the Act. Hence, he seeks to quash the impugned circulars.

17. In the result, the writ petition is allowed. Consequently, the respondent is directed to issue suitable circular in consonance with the Act as per the order passed by this Court within a period of eight weeks from the date of receipt of a copy of this order. No costs. Connected W.M.Ps are closed.

06.07.2017 nv To Director of Matriculation Schools, Directorate of Matriculation Schools, DPI Campus, College Road, Chennai 600 006.

N. KIRUBAKARAN,J.

nv 06.07.2017