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(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.

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."

28. Thus in all respects, the Matriculation Schools are nothing but 'Private Schools' within the meaning of Section 2(7) of the Private Schools Act and these Matriculation Schools are also recognised by the same competent authority constituted under the provisions of the Private Schools Act.

29. In view of their dis-affiliation by the Universities, the exemption granted under Section 2(7)(c) of the Private Schools Act, no longer applies and the Matriculation Schools are therefore covered by the provisions of the Private Schools Act, 1973 and the Rules framed thereunder. However, instead of applying the provisions of the Private Schools Act, the Director of School Education, without authority of law, are now applying the so-called "Code of Regulations for Matriculation Schools". But these Regulations are not referrable to the provisions of the Private Schools Act and the Rules framed thereunder and remain as more consolidated executive instructions having no force of law.

30. No one can understand the real intention of the Government in creating a Private Schools Act in respect of certain schools and in respect of Matriculation Schools evolving a Code with executive instructions. A perusal of the Code of Matriculation Schools prepared by the Director of School Education and accepted by the Government will clearly show that most of the provisions, were word by word, borrowed from the provisions of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 as well as the Rules framed thereunder. The Appendix (7) of the Code was literally copied from the Code of Conduct prescribed as Annexure (2) under Rule 16 of the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974. In the same way, Annexures 1 to 3 and 6 were also copies from the said rules only. Thus, the intention of the Government is to maintain a facade of providing similar service conditions, but in essence to rob the teachers working in the Matriculation Schools a statutory cover and continue them on contractual terms.