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5.Though the division bench did not refer to the Code of Matriculation and went on by the admission made by parties, in Code No.16(ii), it was stipulated that teachers and non teaching staff in matriculation schools should be paid at least as per the Government scale of pay revised from time to time. It is this Code which was pressed into service.

6.The petitioner also placed reliance upon a subsequent judgment of a division bench in Special Officer, Salem Co-op. Sugar Mills Matriculation Higher Secondary School, Namakkal District Vs. All Teachers Front, rep by its General Secretary, Coimbatore and others reported in 2008 (5) MLJ 302 and the division bench in paragraph 34 held as follows :

7.However, it is brought to the notice of this court that the matter has been taken to the Supreme Court by way of SLP in SLP(Civil) No.24954 of 2008 and the Supreme Court had granted leave and the matter is pending. But the division bench judgment relating to Salem Cooperative Sugar Mills Matriculation Higher Secondary school's case did not consider the legal effects of the Matriculation Code. The Matriculation Code and Bylaws were framed by the committee appointed by the State Government. The Committees bylaws were notified by the State Government as Code of Regulation for Matriculation Schools. It cannot be held to be statutory in character.

8.It is necessary to recapitulate the history behind evolving the Code of Matriculation Schools :

8.1.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 got their affiliation transferred to the Madurai-Kamaraj University. The Matriculation Schools which were originally affiliated to the Madras University and Madurai-Kamaraj University were thus excluded by Section 2(7)(c) and hence the provisions of the Private Schools Act were not available to teachers.
8.4.The so-called Code applicable to the Matriculation Schools and recognised by the Director of School Education came into force with effect from 1.6.1978. 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. 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.