LAWS(MAD)-2003-12-93

COIMBATORE DISTRICT AIDED SECONDARY AND HIGHER SECONDARY SCHOOL MANAGEMENTS ASSOCIATION Vs. STATE OF TAMIL NADU

Decided On December 11, 2003
COIMBATORE DISTRICT AIDED SECONDARY AND HIGHER SECONDARY SCHOOL MANAGEMENTS' ASSOCIATION Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) This judgment will dispose of all the four writ appeals as the subject involved in all the four appeals is common. In all these writ appeals, a common judgment passed by the learned single Judge of this Court, dismissing the writ petitions, challenging the validity of the amendment made to Rule 12(3) of the Tamil Nadu Private Schools (Regulation) Rules 1974 (hereinafter called "the Rules") is in challenge. The learned single Judge upheld the validity of the said amendment.

(2.) All the petitioners are the Managements of the private schools. An Act came to be passed under the nomenclature "Tamil Nadu Recognised Private Schools (Regulation) Act, 1973" (in short "the Act"), for the regulation of the private schools in the State of Tamil Nadu. Section 56 thereunder empowers the Government to make the rules and it is under this rule-making power that the said amendment came to be passed.

(3.) Initially, the Government had issued an order, G.O. Ms. No.1502 (Education) dated 23-9-1988 whereby, for the existing Rule 12(3), the following was substituted: