TAMIL NADU MATRICULATION AND CBSE SCHOOL TEACHERS ASSOCIATION, REPRESENTED BY ITS GENERAL SECRETARY, ANNA NAGAR, MADRAS Vs. STATE OF TAMIL NADU, REPRESENTED BY THE COMMISSIONER ANDSECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, FORT ST. GEORGE, MADRAS,

JUDGEMENT

(1.) TAMIL Nadu Matriculation and CBSE School Teachers' Association seeks to issue a Writ of Declaration declaring that the Code of Regulations for Matriculation Schools framed by the Government of Tamil Nadu, Education Department -first respondent herein, in consultation with the second respondent as ultra vires of the provisions of Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and the Rules framed thereunder.

(2.) THE case of the petitioner Association is as follows: The petitioner Association is a body registered under the Tamil Nadu Societies Registration Act, 1975 and their Association has substantial teachers working in various Matriculation Schools in the State of Tamil Nadu. The Matriculation Schools in the State of Tamil Nadu were initially affiliated to the University of Madras created under the Madras University Act, 1923. Subsequently when Madurai Kamaraj University was formed such of the Matriculation Schools operating in Madurai Area and which were originally under affiliation to the Madras University were transferred to the Madurai -Kamaraj University. The Tamil Nadu Legislature passed the enactment called the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (Tamil Nadu Act 29 of 1974) with a view to regulate the recognised schools in the State of Tamil Nadu. By virtue of Section 1 (3), the Act applies to all private schools. The Matriculation schools which were originally affiliated to the Madras University and Madurai -Kamaraj University were excluded by Section 2 (7) (c) and hence the provisions of the Act were not made applicable to them. In July, 1976 the Syndicate of the Madras University by a Resolution decided to drop the affiliation of Matriculation Schools as also from conducting the Matriculation examinations. Thereafter, instead of applying the provisions of the Private Schools Act and the Rules framed thereunder, the first respondent transferred the control of the Matriculation Schools to a board with the second respondent as its Chairman. This position was affirmed by issuing a G.O.Ms.No. 2816, Education, dated 29 -12 -1976. Subsequently, the first respondent ordered constitution of the Board of Matriculation Schools -vide G.O.Ms.No. 1720, dated 25 -7 -1977 by which they formed the Board and defined terms and conditions and functions of the Board. The Code applicable to the Matriculation Schools and recognised by the Director of School Education came into force with effect from 1 -6 -78. After the introduction of the plus 2 scheme, the Matriculation Schools also started following the Higher Secondary School course pattern and the syllabus and the curriculum adopted by them are the same. The public examination which is called Matriculation Examination which was originally conducted by the University is now being conducted at the end of the 10th Standard by the Director of Government Examinations. The medium of instruction in the Matriculation Schools is English. Instead of applying the provisions of the Private Schools Act, the second respondent without authority of law, are now applying the so -called "Code of Regulations for Matriculation Schools" and these Regulations are no longer referable to the provisions of the Private Schools (Regulations) Act and the Rules framed thereunder. Those provisions virtually deny the teachers, their conditions of service which are guaranteed by the Private Schools (Regulations) Act. Though under the Private Schools Act, the Management has to constitute a School Committee, it has power to take disciplinary action. In case of disciplinary action, prior approval of the competent authority has been made mandatory and against dismissal for the teachers, a first appeal is provided to an appellate authority and thereafter, a second appeal to the second appellate authority, which is a Judicial Tribunal. Such statutory provisions are not available for teachers working in the Matriculation Schools. The Code of Regulations for Matriculation Schools will have no statutory force. The strange arrangement made in respect of Matriculation Schools by -passing legislative enactment is totally arbitrary and incomprehensible and as such liable to be declared null and void. In the Matriculation schools, teachers not only do the increased workload but are denied legitimate salary payable to them and they are deprived of statutory cover granted as provided under the Tamil Nadu Act 29 of 1974. The Regulations for Matriculation Schools do not have statutory force with regard to the job security of the teachers working therein; accordingly the same is violative of Article 21 of the Constitution read with Articles 41, 42 and 43 of the Constitution.

(3.) THE impleaded third respondent, namely, Tamil Nadu Tamil Nadu Tamil and English Schools Association, Madras -93 has filed a counter affidavit reiterating the stand taken by the respondents 1 and 2.