T NAGARAJAN Vs. DIRECTOR OF SCHOOL EDUCATION CHENNAI

JUDGEMENT

(1.) (Petition filed under Article 226 of the Constitution of India seeking for issue of writ of certiorari for the reasons as stated therein.) This writ petition is filed to issue a writ of certiorari to call for the records relating to the proceedings dated 22.3.2007 on the file of the Governing Body represented by the Correspondent St. Patrick's Anglo Indin Higher Secondary School, Gandhi Nagar, Adyar, Chennai, the third respondent and to quash the same.

(2.) THE petitioner is a teacher, working in the 3rd respondent school. THE school is affiliated to the Anglo- Indian School Board and also receiving aid from the State. THErefore, the petitioner contends that the writ petition will lie against the said school.

(3.) THE point raised by the learned counsel for the petitioner has no substance, as the 3rd respondent School is a minority institution and has the full constitutional protection in terms of Article 30(1) of the Constitution of India. Two Division Benches of this Court have gone into the question as to how far the various provisions of the Tamil Nadu Recognized Private Schools (Regulation) Act are applicable to the minority institutions and has held that the provisions relating to the School Committee has no application, as it will offend the rights of the administration conferred on the minority institutions. THErefore, ever since the enactment of the Act, in no minority institutions the provisions relating to the School Committee has been enforced. Even otherwise, similar view has been taken by the Apex Court in several judgments dealing with the Educational Laws, of various States. THErefore, the point governing body of the School cannot take action and only the School Committee can take action fails to the ground. THE 3rd respondent School is a minority institution, and Section 15 of the Act will have no application to the said institution.