SRI HINDU BALA PATASALA BY ITS MANAGER AND CORRESPONDENT SRI T. RAMANUJACHARIAR Vs. DIRECTOR OF PUBLIC INSTRUCTION AND ORS.

JUDGEMENT

(1.) These two Writ Petitions are filed by the managements of two private elementary schools questioning the validity of G.O. Ms. No. 751, Education, dated 17th May, 1965, on the ground that it is illegal, ultra vires and in violation of the principles of natural justice and Articles 14 and 19 of the Constitution of India.

(2.) The questions raised in both the Writ Petitions are the same, and may be disposed of by a common judgment. The facts in Writ Petition No. 4477 of 1965 will be stated.

(3.) The petitioner school, A. Ramanujulu Chetty Elementary School, Muthialpe Madras, was started in 1882 by the father -in -law of the present Manager and Correspondent of the school with a strength of 4 pupils as a pial school. In 1884 the strength increased to 125 pupils and it was recognised as a Primary School by the Government of Madras in that year. The Madras Elementary Education Act, 1920, VIII of 1920, was passed and the recognition of the school in question was continued under Sec. 45 of the Act. When Act VIII of 1920 came into force a scheme for compulsory and free education in the city of Madras was introduced. But as the Corporation was unable to pay the school the compensation for such loss of income caused by remission of fees to elementary schools under private management as envisaged by Sec. 47 of the Act, Sec. 47 of the Act was amended by Act II of 1932 introducing Sec. 47(2), providing that fees may be levied for pupils in elementary schools under private management. By virtue of this provision the school resumed levying fees from its pupils. In 1958 the Government of Madras in pursuance of the scheme to introduce free education passed G.O. Ms. No. 2124, Education, dated 29th November, 1958. It provided that no elementary school under public management shall levy fees with effect from the academic year 1959 -60, that two types of private elementary schools shall be recognised (a) fee levying schools and (b) non -fee levying schools, that fee levying schools shall not be eligible for any grant -in -aid but they will be accorded academic recognition provided they conformed to the prescribed syllabus and that non -fee levying schools shall be eligible for recognition and the usual grant - in -aid according to the rules and orders in force. By G.O. Ms. No. 739, Education, dated 11th April, 1959, the Government decided that non -fee levying schools will be paid grants, which will comprise the full teaching grant, and include maintaining grants subject to a maximum of 20 per cent of the teaching grant. Fee levying schools were not entitled to any grant -in -aid. According to this scheme, the petitioner -school continued to be a fee levying school and ceased to receive aid from the Government from the academic year 1959 -60. On 17th May, 1965, the Government passed the impugned G.O. No. 751, Education, dated 17th May, 1965, directing that with effect from the school year 1965 -66 no fees of any sort shall be levied from pupils attending any standard of a recognised primary or upper primary school under the management of any agency. Rule 29 -A of the Rules for the grant of recognition and aid to Elementary Schools framed in 1939 was amended prohibiting the levy of any fee by a recognised primary or upper primary school under the management of any agency. The petitioner submitted a memorandum on 7th June, 1965, stating that he had decided to continue the school as a non -aided fee levying school, as the maintenance grant offered by the Government, which was 10 per cent. of the teaching grant, which could approximately be about Rs. 2,000 per year, would be hardly sufficient to meet the commitment of the school, which was about Rs. 8,500 a year. The petitioner also complained about inadequacy of the notice. On 15th October, 1965, the District Educational Officer, Madras North, informed the petitioner that he should fall in line with the policy laid down in G.O. No. 751, Education, dated 17th May, 1965, and that he must convert the school into an aided non -fee levying school within one week from the date of receipt of the communication and that otherwise recognition would be withdrawn. As there was imminent threat of the withdrawal of recognition the petitioner preferred this writ petition.