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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 socalled "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 2 1 of the Constitution read with Articles 41, 42 and 43 of the Constitution.

3. Additional Secretary to Government, School Education Department, Secretariat, Chennai-9 has filed a counter affidavit on behalf of respondents, wherein it is stated that in 1975, there were 30 Matriculation Schools, 29 in the jurisdiction of the Madras University and one in the jurisdiction of Madurai Kamaraj University. There were 5 Matriculation Schools in the Union Territory of Pondicherry affiliated to Madras University. All these schools were fee levying and the medium of instruction in all of them was English. No grants were being given to these schools. The students therein appeared for the Matriculation Examination conducted by the University. The Madras University at its meeting of the Syndicate in August, 1975 proposed that the Matriculation Schools under its control in Tamil Nadu be transferred to the Government Department of Schools Education on the ground that the University should concern itself with higher education and had to bear no responsibility to run schools and that it had no proper machinery and expertise to supervise the academic performances of these schools. At the instance of the Government, the ViceChancellor of the Madras University convened a meeting of the managements of the Matriculation schools with Government and University on 19-7-76 and certain recommendations were made. The recommendations were examined by the Government and by G.O.Ms.No. 2816, Education Department, dated 29-12-76, passed an order to the effect that a separate Matriculation Board be constituted under the Chairmanship of the Director of School Education. The Matriculation Schools in Tamil Nadu and Pondicherry will be affiliated to the above Board and they would continue to be fee based and use English as medium of instruction. The definition of "private schools" in Section 2 (7) of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 does not include Matriculation Schools since in Tamil Nadu they were under the control of the University and not established by the aforesaid Act. Pursuant to the decision of the University and the Government Order, all the Matriculation schools were transferred to the administrative control of the Director of School Education and it was decided by the Board of Matriculation Schools at its first meeting held on 18-2-78 to frame a code of Regulations for Matriculation Schools. An eight member sub-committee was constituted. By framing the Code, none of the rights which were then available to the teachers were taken away. All the terms that existed prior to framing of the said Code continue to be in existence even after the framing of the Code except for the fact that the schools which were under the administrative control of the University are now under the administrative control of the Board of Matriculation Schools. Therefore, there is no legal compulsion to bring these schools under the control of Tamil Nadu Act 29 of 1974. The Code of Regulations for Matriculation Schools is a comprehensive and complete Code and there is no need to follow the provisions of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973. The teachers and other non-teaching staff are given protection by the Management of the Matriculation schools. The Code of Regulations for Matriculation schools is more exhaustive and provides all remedies for the teachers in Chapter VI and there is no need to adopt the Private Schools Act. The provisions of the Code are not contrary to the provisions of the Act.

6. Mr. K. Chandru, after taking me through the Code of Regulations for Matriculation Schools as well as the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974 (hereinafter referred to as "the Rules"), has contended that those provisions in the Code for Matriculation Schools virtually deny the teachers, and their conditions of service which are guaranteed by the Act. He also contended that inasmuch as the Code of Regulation for Matriculation schools will have no statutory force, the Management of the Matriculation Schools are left to the whims and fancies of the owners of these schools. He further contended that by-passing legislative enactment only in respect of Matriculation schools is totally arbitrary and incomprehensible. According to him, the Management of these matriculation schools function in a most authoritarian fashion and to their whims and fancies since they are not amenable to any statutory control in view of the segregation of these Matriculation schools by the respondents' self-styled application of Code for the Board of Matriculation Schools. Inasmuch as the Regulation for Matriculation schools do not have a statutory force with regard to the job security of the teachers working in the Matriculation schools, the same is violative of Article 21 read with Articles 41, 42 and 43 of the Constitution of India. On the other hand, Mr. R. Muthukumaraswami, learned Additional Advocate General, after tracing the history of Matriculation Schools, the decision taken by the Madras and Madurai Universities, various orders of the Government for constituting a separate Board for Matriculation Schools and the Code of Regulation, would contend that in view of the fact that the Matriculation Schools came from different stream, they are being governed by a separate Code which were formulated to govern the Regulation. He also contended that by framing the Code none of the rights which were then available to the teachers were taken away, on the other hand, the Code of Regulation provide protection and remedies to the teachers and other non-teaching members as per Chapter VI and VII of the said Code. In any event, according to him, the Government is well within its powers to frame a Code of Regulations and issue executive instructions for Matriculation Schools. He further contended that the provisions of the Code are not contrary to the provisions of the Tamil Nadu Recognised Private Schools (Regulation) Act and they are not in violation of Article 21 read with Articles 41, 42 and 43 of the Constitution of India as claimed by the petitioner. Mr. V. Selvaraj, learned counsel appearing for the third respondent also highlighted the various clauses/safeguards for the service conditions of the teachers provided in the Code and contended that without following those provisions, the Management cannot terminate the services of a teacher or a member of non-teaching staff. He also contended that in the light of the qualifications prescribed for the teachers and staff, salary are being paid on par with those in Government schools, and provision is also made in the Code for filing appeal and Second appeal etc.; hence there is no merit in the claim made by the petitioner Association and prayed for dismissal of the same.

11. Now I shall consider the salient features in the Code of Regulations for the Matriculation Schools. I have already referred to the constitution of the sub-committee, its recommendation and the ultimate decision of the Government in forming Code of Regulations for Matriculation Schools. The Code is applicable to Matriculation Schools recognised by the Department of School Education, Tamil Nadu. It came into force with effect from 1-6-78. Regulation 2 defines the term "Matriculation Schools" which were recognised by the Universities of Madras and Madurai and subsequently recognised by the Department. It also clarifies that schools which will be admitted into this category subsequent to the Regulations will also be called the Matriculation Schools and be governed by the said Code. According to Regulation 2 (viii), Education Agency means any person or body of persons which has established and is administering or proposes to establish and administer such Matriculation Schools. The schools will continue to be fee based and use English as medium of instruction. 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 (Regulation 7). This Code is also applicable to Higher Secondary Section of Matriculation Schools (Regulation