Schools with less than 250 students may appoint physical education teachers on an hourly basis: Madras HC [Read Judgment]

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The Madras High Court ordered the state government to consider issuing a circular or government decree (GO) making it compulsory for all schools, whether attended or not, with more than 50 and under 250 students, hire physical education (PE) teachers on an hourly basis by setting fees. The judiciary composed of Judge Huluvadi G. Ramesh and Judge K. Kalyanasundaram …

The Madras High Court ordered the state government to consider issuing a circular or government decree (GO) making it compulsory for all schools, whether attended or not, with more than 50 and under 250 students, hire physical education (PE) teachers on an hourly basis by setting fees.

The judiciary composed of Judge Huluvadi G. Ramesh and Judge K. Kalyanasundaram further observed, “These qualified people who are under 60 and ready to take on such an assignment are available in abundance. Such people could be deployed in schools, whose student strength is less than 250 and greater than 50. They can be used for about two hours a day to teach physical education and yoga to students in those schools with less force so that the physical activities of the students are supported, and furthermore, it would not be binding for the government to adopt the above-mentioned procedure.

The court heard a petition filed by the director of school education and two other officers, challenging an order made in April 2013 by a single judge, allowing a government-subsidized school, ShriShanthi Vijay High School, to appoint a teacher of ‘physical education.

The Ministry contested this appointment on the basis of a GO passed in December 1997, which sanctioned a post of physical education teacher, for schools where the number of pupils in classes VI to X exceeds 250. The respondent school has only 54 pupils in norm IX. and 62 students of standard X, it turned out ineligible for the appointment of a physical education teacher. The state basically argued that for schools with fewer than 250 students, there would be no work for the teacher.

The single judge, however, considered that the post of physical education teacher could not be withdrawn on the basis of the GO, especially in the case of the school before him, which is located in the middle of the forest area and provides education. to the children of listed castes, listed tribes and backward classes.

Taking note of the submissions, the division bench now highlighted the importance of physical education in schools, observing, “Whether the school strength is over 250 or not, we believe that students who study in the school should receive physical education to ensure a healthy mind in a healthy body. In particular, children between the ages of 5 and 18 need to learn physical education, as well as yoga, in order to keep their physique in good shape and to focus on their studies. Thus, the need for physical education should not be underestimated.

He then estimated that for schools with a lower number of students than prescribed by the GO, these physical education teachers can be appointed on an hourly basis. It clarified that in such cases, the order of appointment of teachers should make it clear that the appointment would not be regularized.

“This observation is made only to ensure that even if the strength of the students is less than prescribed, physical education is very necessary keeping in mind the concept of a healthy mind in a healthy body,” the Court added, amending the Single Judge’s order accordingly.

Read the judgment here


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