S RAMAKRISHNAIAH Vs. PRESIDENT DISTRICT BOARD NELLORE

JUDGEMENT

(1.) The applicant in this case is a citizen of the Indian Union, a teacher by profession and employed as Junior Assistant, Board High School, Kurichedu from 16th January 1950 and from August 1950 employed as Junior Assistant, Board High School, Singaroyakonda. An association called "The Andhra Rashtra Elementary Teachers' Federation" was formed in 1947 with certain objects which related to educational and cultural advancement. One of the objects was to organise Taluk and District Teachers' Unions and to affiliate them to the Federation. The applicant became a member of the Federation in 1947. He was elected as the Secretary of the Darsi Taluk Federation In the same year and in 1948 he was Joint Secretary of the Nellore District Federation, and in 1949 he was elected as the Secretary of the main federation itself. On or about 23rd April 1950 the applicant was served with an order of the President, District Board, Nellore which ran as follows :

(2.) The applicant states that this, action was apparently taken by the District Board, President in accordance with what was contained in G. O. Ms. No. 416, Education, dated 24th February 1939 (printed as Appendix 5 at page 162 of the Madras Elementary Education Manual). The material portion of this order is as follows: "The Government consider that provision should be made for the departmental recognition of Elementary School Teachers' Unions with a view to ensure their working on useful lines. They have accordingly framed the rules set out in the annexure to regulate the working of these Unions. The Director of Public Instruction is empowered to accord recognition to unions functioning in accordance with these rules, and to forbid the existence of, and dissolve, any Teachers' Union not conforming to these rules. 2. Teachers in Local Board/Municipal service should obtain the permission of the Board/Council concerned before forming unions and should apply to the Director of Public Instruction for recognition through the President of the District Board/Executive Authority of the Council concerned.

(3.) Teachers in recognised elementary schools are prohibited from becoming members of teachers unions or other teachers' organizations not constituted in accordance with the orders herein contained." Admittedly, neither the Federation nor any of the Unions of which the applicant is a member is a recognised union. The applicant states that he along with other teachers who were served with similar notices waited on deputation on the President in May 1950 and requested him to withdraw his order. On or about 17th August 1950 the applicant was served with another order bearing date 8th August 1950. It runs as follows :