A division bench comprising Justice Huluvadi G Ramesh and Justice K Kalyanasundaram while observing that such qualified persons who are less than 60 years and ready to accept such assignment, are available in plenty, said, “Such persons could be deployed in schools, which are having student’s strength of less than 250 and more than 50. They may be utilised for about two hours a day to impart physical education and yoga so that the physical activities of the students shall be taken care of. Further it would not be burdensome for the government to adopt the above said procedure.”

The bench was passing order on an appeal moved by the education department challenging the order of a single judge, which directed the appointment of suitable person as physical education teacher at Shanthi Vijay High School, Masinagudi, Nilgiris from April 2013 onwards.

As per the case, the school, an aided one, had advertised to fill up the posts of drawing teacher and physical instructor.

 

But the District Educational Officer quashed the appointment by an order dated February 06, 2003 citing a GO (Ms. No 525) issued in 1997, wherein only when the strength in Classes 5 to 10 in high schools exceeds 250, a post of physical education teacher will be sanctioned. But the said school has only 54 students in Class 9 and 62 students in Class 10 and hence not eligible for a physical education teacher and a drawing teacher.

However, the bench on disposing the appeal held, “Whether the school strength may be more than 250 or not, we are of the view that the students studying in the school have to be given physical education to ensure healthy mind in a healthy body. Especially, the children aged between five and eight must be taught physical education along with yoga, to keep their physique in a good condition and to concentrate on their studies, Thus, the need for physical education, should not be under-estimated.”