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1. 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 so-called "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 21 of the Constitution read with Articles 41, 42 and 43 of the Constitution.

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 8). Chapter II of the Code speaks about recognition of Matriculation Schools. Chapter III refers to admission and withdrawals. Chapter IV relates to School Regulations. Chapter V speaks about financial side of Matriculation Schools. As per Regulation 16 (ii), the teacher 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 is important for our purpose which refers to staff of Matriculation Schools. The staff will be qualified in accordance with the prescription made in Annexure-VI to the Code (Regulation 17). Regulation 18 prescribes the retirement age of teachers and staff. Clause (ii) of Regulation 18 insists that 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. It also says that the teachers and other persons employed in Matriculation schools shall be governed by the Code of Conduct, as specified in Annexure-VII to the Regulations. In a permanent vacancy, member of teaching and non-teaching staff shall be appointed only on probation for a period of 12 months from the date of his/her appointment. But the school authority may before the expiry of that period extend it to a further period not exceeding 12 months for reasons to be given in writing to the teacher and acknowledged by the teacher (Regulation 19). Regulation 20 speaks about termination of teachers or a member of non-teaching staff.