ASSOCIATION OF MANAGEMENTS OF HINDU EDUCATIONAL INSTITUTIONS SRI RAMAKARISHNA ASRAMS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE Petitioner, an Association of Managements of Hindu Educational Institutions, represented by its Secretary has prayed for the issue of a Writ of declaration declaring that Rule 15(1) and 15(4)(ii) of the Tamil Nadu Recognised Private Schools (Regulations) Rules 1974 as unconstitutional, ultra virus and repugnant to the provisions of the Tamil Nadu (Recognised) Private Schools (Regulation) Act 1973. Heard Mr. A. Fathtmanathan, learned counsel appearing for the Petitioner, Mr. M. Muthukumarasamy, learned Additional Advocate General assisted by Mr. V. R. Rajasekar, Special Government Pleader (Education) for Respondents 1 and 2 and Mr. C. Selvaraju, learned counsel appearing for the third Respondent.

(2.) THE only and substantial question that arises for consideration is whether rules 15(1) and 15(4)(ii) of the Rules is ultra virus of the Rule making power conferred by the Tamil Nadu Private Schools (Regulation) Act, 1973 " Before examining this point, it is essential to extract the existing Rule as well as the amendment as introduced by G.O. Ms. No. 1376 (Education) dated 6-7-1981. Rule 15 prescribes qualifications, conditions of service of teachers and others employed in Private Schools. Sub-Rule (1) of Rule 15 reads thus :- "(1) THE number of teachers and other persons employed in a private school shall not exceed the number of posts sanctioned by Director of School Education from time to time, with reference to the academic requirements teacher-pupil ratio and overall financial considerations." Sub-rule (4) of Rule 15 as amended reads thus :- (4)(i) Promotion shall be made on grounds of merit and ability, seniority being considered only when merit and ability are approximately equal (ii) Appointments to the various categories of teachers shall be made by the following methods :- (i) Promotion from among the qualified teachers in that school. (ii) If no qualified and suitable candidate is available by method (i) above. - (a) Appointment of other persons employed in that school, provided they are fully qualified to hold the post or teachers. (b) Appointment of teachers from any other school. (c) Direct recruitment. "In the case of appointment from any other school or by direct recruitment, the School Committee shall obtain the prior permission of the District Educational Officer in respect of Pre-Primary, Primary and Middle School and that of the Chief Educational Officer in respect of High Schools and Higher Secondary Schools. Teachers Training institutions setting out the reasons for such appointment. In respect of corporate body running more than one school, the schools under that body shall be treated as one unit for purpose of this Rule."

(3.) THE amended rule, according to the learned Additional Advocate General provides for promotion among the qualified teachers already employed in that school at the first instance and if no qualified and suitable candidate is available under the first method, it is open to the School Committee to appoint other persons employed in that school, subject to their possessing the qualification prescribed to hold the post. In case no such person is available, the School Committee may appoint teachers from any other school. Sub-Clause (c) prescribes the prior permission being secured for direct recruitment from any other school in the case of appointment from any other school. A perusal of the amended rule also makes it beyond doubt that it is the School committee which has to appoint and fill up the vacancies by any one of the modes namely recruitment by promotion, recruitment by transfer and direct recruitment.