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2. The facts leading to the filing of the writ petition as could be culled out from the affidavit filed in support of the above writ petition are that the petitioner association is a registered association and the main aim and object of the association is to provide high standard education to the nursery, primary, matriculation and higher secondary level through private management schools in the State of Tamil Nadu. Several members of the petitioner association are minority by their character and they are running the school from nursery level to higher secondary level. According to the petitioner that the Matriculation Schools in the State of Tamil Nadu are separate entities of their own and these Matriculation Scho'ols were under the control of University of Madras as they were affiliated with the University of Madras. When the Madurai Kamaraj University came into existence in the year 1976, the syndicate of Madras University decided that the University need no longer the control of the Matriculation Schools and the control may be taken by the State Government. The State Government after the consideration has taken over the management of the Matriculation Schools. Accordingly, a separate Board called Board of Mariculation Schools was formed and the Director of School Education was named as the Chairman of the Board in G. O. Ms. No. 2816 Education dated 29-11-76. In G. O. Ms. No. 1720 Education dated 25-7-77 the Board of Matriculation Schools was constituted and the terms and conditions and functions of the Board was also defined. In accordance with the above decision, an Inspectorate of Matriculation Schools was also formed in G. O. Ms. No. 2678 Education dated 29-12-77. It is further alleged in the affidavit that the Matriculation Schools were allowed to retain their structures and they were permitted to levy fees and they were not allowed to receive any grant. The Matriculation Schools were free to adopt their own curriculum and make innovations suitable to their needs. However, from the academic year 2000 for 10th standard a common curriculum and common public examination are being adopted by the State Government. Subsequently, after the introduction of 10+2 pattern. Matriculation Schools were also allowed to have the +2 course and the curriculum and examination are common to that of the State Board students. In the result, the scheme of examination as far as the Matriculation Schools are concerned is that they can have their own curriculum and examination except 10th standard for which common examination is separately conducted by the Director of Government Examination. Similarly, +1 and +2 examinations were also conducted by the State. As far as the Matriculation 10th standard is concerned, there are 11 subjects each will be consisting of maximum of 100 marks till the impugned order was passed. The subjects/papers with maximum marks and minimum marks prescribed for a pass in each subject prevalent is stated below:--

7. In reply to the above submission, Mr. M. Rathinam, learned Addl. Government Pleader submitted that the Full Bench judgment reported in " " holding that the respondents should have called upon the Board of Matriculation Schools, the Managements Association and the Parents Association before a change is made in the policy in the medium of instruction is not applicable to the facts of the present case. The learned Addl. Government Pleader submitted, it is true that the Regulation 7 of the Code of Regulation for Matriculation Schools has no statutory character. Regulation 7 relates to medium of instruction as English. However, in the absence of any other provision namely the Tamil Nadu Private Schools Regulation Act and the Rules made there under are applicable to the Matriculation Schools, the Regulations framed in so far as the Matriculation Schools shall be alone applicable. It is true that Section 7 states that the Matriculation Schools shall continue as fee based and use English as the medium of instruction. When a change was effected in the medium of instruction, the Full Bench observed that when there is a change in the medium of instruction it should be only a change in the policy of the Government and in such event the State ought to have called upon the Board of Matriculation Schools, Management Association and the Parents Association before a decision was taken. In that context only the Full Bench held that such an opportunity was not given before a change in the curriculum and had relied upon the same as one of the reasons to set aside the Government Order which was challenged before the Full Bench. However, in the case on hand, the Regulation does not speak of the procedure to be adopted in calculating the marks obtained by the candidates in theory and practical examination for declaring a pass. In the absence of any provision under the said Regulation, the Department of Government Examination framed a Scheme for Matriculation Schools known as "Scheme for the Award of Matriculation Certificate". As per the said scheme, the Board of Matriculation Schools is constituted with a commit-

8. It is not in dispute that the Code of Regulation for Matriculation Schools in Tamil Nadu are applicable to the Matriculation Schools run by the petitioner association. Regulation 7 of the said Regulations which reads as follows :--

The schools will continue to be fee based and use English as medium of instructions. They will continue to be free as hitherto to innovate with regard to their curriculum except for the last one year when they prepare students for the public examination."
As per the above Regulation, the Matriculation Schools will continue to be fee based and use English as medium of instruction. The Matriculation Schools also shall continue to be free to immolate with regard to their curriculum except last year before the Regulation came into force when they prepared students for the public examination. Nowhere in the Regulation, method of the conduct of the examination, award of marks as well as the certificates is prescribed. On the other hand, the Matriculation Schools are governed by a scheme called as "the scheme for award of Matriculation certificate" framed by the Department of Government Examinations. The following are the few provisions of the scheme which could be conveniently extracted as follows :--"CHAPTER-1 "BOARD" means the Board of Matriculation Examination as detailed under Chapter-II.

9. On a reading of the above provisions, it would be clear that the scheme of examinations are totally governed by the Board of Matriculation Examinations. The said Board is headed by a Chairman and consisting of official members. As per the scheme, the Government is empowered to modify the rule of eligibility for a pass to suit the changing trend in the standard of education and scheme of examination. The Board of Matriculation Schools met on 26-10-99 wherein the Director of Government Examination, Inspector of Matriculation Schools, Chennai, Inspector of Matriculation Schools, Coimbatore and other members of the Matriculation Board participated in the said meeting. The Board resolved to introduce a minimum of 70% of marks out of 200 marks in theory science subject for a candidate to be declared as pass. The said Board's minute was submitted to the Government for its consideration on 17-12-99 and 20-12-99 which was accepted by the Government in the review meeting held in the presence of the Hon'ble Minister for Education, Secretary to Government, Education Department, Directors of School Education, Elementary Education, Government Examination and Collegiate Education. The Full Bench judgment relied upon by the learned Senior Counsel for the petitioner reported in " " relates to a change of policy which was sought to be effected by the Government in the medium of instruction. When the Government sought to introduce Tamil as a medium of Instruction in Matriculation schools and when the same was considered, the Full Bench was of the view that when a change was effected contrary to Regulation 7 of the Regulations, the Government ought to have consulted the Board of Matriculations, the Managements Association and the Parents Association. However, on the facts of the present case, it is seen that the conduct of examinations is governed by a scheme and under the scheme the Board of Matriculations is empowered to conduct the examination and award of marks. When the Board of Examination decided to improve the quality in education resolved in its meeting held on 25-10-99 to effect the change in the method of calculation of marks in the science subject both in theory and practical for awarding a certificate of pass. Under the scheme, the Board is entitled to effect such a change in the interest of the quality in education. Further the said resolution of the Board was placed before the Government which was accepted by the Government in the review meeting and the Impugned Government Order has been issued. Therefore, the Full Bench Judgment relied upon by the learned Senior Counsel for the petitioner is not applicable to the facts of the present case as the change effected in the method of calculating the marks for award of certificate is entirely governed by the scheme and such power vests with the Board and the Government, giving an opportunity to the Managements Association and the Parents Association does not arise. Therefore, I am unable to accept the contention of the learned Senior Counsel for the petitioner that in the absence of an opportunity given to the members of the association, the impugned order cannot be sustained. Further, as pointed out by the learned Addl. Government Pleader that even in the meeting held on 26-5-99, number of Matriculation Schools participated who were representing the various Matriculation Schools.