Indian Kanoon - Search engine for Indian Law

(b) The petitioner School, even though a Matriculation School, is also a School and it is not covered by the Matriculation Code applicable to Matriculation Schools. But it is a Private School in terms of Section 2(7)(c) of the Private School Act.

(c) The correctness of the judgment of the learned Judge reported in 2002 W.L.R. 688 [Tamil Nadu Matriculation and CBSE School Teachers' Association v. State of Tamil Nadu and others] holding that the Private Schools Act will not apply to the Matriculation Schools, has been referred to a Division Bench and, therefore, it is not final and binding.

15. To the other question that Matriculation Code will not apply to the Private Schools Act, the learned Senior Counsel submitted that the judgment of this Court reported in 2002 W.L.R. 688 (cited supra) holding that the Matriculation Code alone will apply to the exclusion of the Private Schools Act, has been referred to the decision by a Division Bench. Therefore, it is not final and binding. The learned Senior Counsel may be correct in stating that the Matriculation Code is based on administrative orders of the Government and does not have a force of law and if any orders are passed by the appellate authorities under the Act, to what extent, the order will be binding on the School Management is a moot question. In fact, the Matriculation Code is similar to that of the earlier Madras Educational Rules [for short,'MER'] which are only standing instructions of the Education Department. It is necessary to trace out the history behind the enactment of Private Schools Act as well as the Code of Matriculation Schools for better appreciation of the contentions raised in this writ petition.

25. The so-called Code applicable to the Matriculation Schools and recognised by the Director of School Education came into force with effect from 01.6.1978. The Director of School Education purporting to be the Chairman of the Board of Matriculation Schools at a meeting held on 18.12.1978 decided that a 'Code of Regulations' was to be compiled and for this purpose, appointed an eight-member sub-committee and the draft code was later circulated to all Matriculation Schools under the name and style "Code of Regulations for Matriculation Schools in Tamil Nadu."

31. However, it is for the Division Bench to determine the legality of the Matriculation Code vis-a-vi the Private Schools Act application to the teachers and other persons employed in a Private School. Even if the Private School Act is made applicable, that has not edged out the employees having recourse to more than one forum, viz., the Private Schools Act or I. D. Act as has already been held in the S.Chattanatha Karayalar College of Pharmacy case (cited supra).