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5.Once if they feel that the teachers cannot be paid on par with the Government teachers, they have to take steps to hand over the school to the Government in the interest of the students and teachers and in such eventuality, the Government will take care of both the categories. It is the verdict of the Apex Court that the recognised institutions must pay salary to the teachers on par with other Government teachers. The higher administrative authorities of the schools, who are appointed and constituted under the public law, should ensure that the provisions of the Code of Regulation for Matriculation Schools (hereinafter referred to as Code of Regulation) are implemented in letter and spirit by the concerned, including the school authorities in respect of all the Matriculation Schools recognised under the said code. The teachers, who are doing equal work as performed by their counterparts in the schools run by the Government, are unable to get equal pay as guaranteed under the Constitution.

6.Every Matriculation School is a recognised school under the Code of Regulation for Matriculation Schools of Tamil Nadu. Once they get benefited under the Code, it is incumbent upon them to implement the provisions thereon. Regulation 16 of the Matriculation Schools provides that teachers and non-teaching staff of Matriculation Schools should be paid at least the Government scale of pay which are revised from time to time. Therefore, the barest minimum expectation under the Code, in view of the employment of the word at least, has to be taken on par with the Government teachers. If teachers suffer of poverty and paucity of funds, the same will affect their mind. Once their mind is affected, the reflection would be on their family and children and the pathetic conditions in which they are placed, will ultimately affect their efficiency in teaching the students. The disparity shown to the teachers would significantly lower down the efficiency of the students. The managements have undertaken to pay the scales and had deliberately failed to implement the same. Even at the time of granting recognition, the authorities imposed a condition that the management schools shall provide the scale of pay as fixed by the State Government in all the Matriculation Schools from time to time, but, however, it is not being done. In certain schools, only a consolidated salary is being paid which is far less than the prescribed scales of pay.

9.The stand of the Director of School Education, is concisely as follows:-

Under Chapter V, in proviso 16 (ii) of the Code of Matriculation Schools, it is stated that teachers and non-teaching staff in Matriculation Schools should be paid salary at least on par with the Government scales of pay revised from time to time. A limited number of Matriculation Schools are able to pay the salary on par with the Government scales of pay to the teachers. The Matriculation Schools have become a very common variety where even children belonging to the lower strata could get admission. On the Government side, the salaries of teachers are increased many fold and the Matriculation Schools presently numbering about 3,538 are struggling to pay reasonable salary to the teachers as their resources are limited and the income generated as fees through students is inadequate.

Code of Regulation for Matriculation Schools:-

Chapter V
16.(ii) The teachers and non-teaching staff in Matriculation Schools should be paid at least as per the Government scales of Pay revised from time to time.
Chapter VI : Staff 18 (ii) The staff in Matriculation Schools will be paid at the rate of Government scales of pay and they are eligible for selection grade after 10 years of service as in other recognised schools. The teachers and other persons employed in Matriculation schools shall be governed by the code of conduct as specified in Annexure VII.