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13. The provisions of S.S. Code, came up for consideration before Division Bench of this Court in the case of Kobad Jehangir Bharda Vs. Farokh Sidhwa, 1990 (2) Mh L J 883, in which, while considering the nature of Clause 56.6 of S.S. Code, it was held as under :

"The Secondary Schools Code - the Code for brevity - which applies to the School defines a Secondary School as a School which provides a course in general education leading to the Secondary School Certificate examination at the end of Standard X, (Chapter I Definitions- Secondary Schools Code-Revised Edition 1979). The School by definition, is a Secondary School. The School is recognised by the Government. Therefore, the affairs of the School must conform to the Code. (Chapter II Section I-Recognition, Organisation and Management of Schools). Elaborate, nearly exhaustive, provisions in regard to management, admissions and withdrawal of pupils, health of pupils and rules of discipline have been laid down. Different officers like Director of Education, Dy. Director of Education and Education Officer have been designated as Competent/ Appropriate Authority to exercise control over the School and ensure the obedience to the Code. (Appendix Twenty four and clause (15) of the Definitions). We are concerned with Section VIII of Chapter II of the Code titled. "Principles of discipline for pupils" which the School is in law bound to follow.

The Government's recognition is dependent on the School conforming to the Code. (Rule I - Section I, Chapter II of the Code). Admissions to the School, promotions from standard to standard and conditions of service of employees shall be in accordance with the instructions of the Education Department of the Government, (Rule 3.2, Section I, Chapter II of the Code and Rule 67.1, Section II Chapter III of the Code). The number of pupils in a class and reservation of seats for the backward classes etc are covered by the Code, (Rule 13.1, Section III, Chapter II of the Code). The measures required to be taken by the School for Health and well being of pupils are elaborately laid down, (Section V, Chapter II of the Code). The principles of discipline are subject to the control of the Director of Education appointed by the Government (Section VIII, Chapter II of the Code). An employee cannot be dismissed for misconduct without following the procedure for inquiry laid down by the Code, (Rule 77.3, Section III, Chapter III of the Code). The Deputy Director of Education exercises appellate authority in cases of dismissal, (Rule 77.3, Section III, Chapter III of the Code.