SECRETARY ULAGAPPAR HIGHER SECONDARY SCHOOL RAMACHANDRAPURAM Vs. JOINT DIRECTOR OF SCHOOL EDUCATION HIGHER SECONDARY

JUDGEMENT

(1.) SECRETARY Ulagappar Higher Secondary School, Ramachandrapuram, Pudukkottai District, is the petitioner in all the Revision Petitions and Writ Petition.

(2.) FACTS which are common to all these cases may be stated as follows:- The School represented by Secretary stated that the same was started as a High School and later upgraded as a Higher Secondary School in the year 1986. Originally the School was a fee-levying school, receiving two third grant upto the year 1964, but subsequently it became 100% Government aided school from 1964-65 on the introduction of Free Education System. The School was governed by the Madras Educational Rules till the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and Rules 1974 were enacted. It is further stated that on 23.10.1991, four teachers of the School committed grave acts of misconduct and, therefore, enquiry was conducted by a duly constituted School Committee, and based on its Report, to terminate the services of the four teachers, petitioner submitted an application dated 13.05.1982 under Section 22(2) of the Tamil Nadu Private Schools (Regulation) Act to the Chief Educational Officer, Pudukkottai, seeking approval for the termination of the services of the four teachers. Records pertaining to misconduct and the entire records pertaining to enquiry were also submitted to the Chief Educational Officer. The C.E.O., by proceedings dated 26.8.1992, granted approval for the termination of the services of the four teachers. In pursuance of the approved granted by the C.E.O., petitioner also terminated the services of the four teachers with effect from 1.9.1992.

(3.) AFTER direction by this Court, as per order dated 29.4.1993 and 4.5.1993, the Appellate Authority allowed the appeals on a technical ground. The matter was again challenged before this Court in W.P. Nos. 9616 of 1993. In the meanwhile, the teachers, with the help of certain anti-social elements and political parties, pressurised the school for their reinstatement. They also caused extensive damage to the school and its properties. Therefore, the petitioner filed an application before this Court seeking police protection. The same was granted by this Court. Thereafter, Writ Petition Nos. 9613 to 9616 of 1993 were heard by this Court. The direction to the Appellate Authority, was set aside and the matter was remanded for fresh consideration to the Appellate Authority. Even after, subsequent remand the Appellate Authority, by order dated 5.5.94 and 11.7.1994 allowed the appeals again and directed reinstatement of the teachers. Aggrieved by the order, the petitioners again filed before this Court W.P. Nos. 10193, 13853 and 13854 of 1994. When these Writ Petitions came for arguments, this Court observed that the proper remedy of the petitioner is to file appeal under Section 24 of the Tamil Nadu Recognised Private Schools Regulation Act. Pursuant to the same, petitioner filed appeals before the Tribunal constituted under Sec. 42 of the Act. The Appeals were numbered as E.A.T.C.M.A. Nos. 7/94, 1/95, 2/95 and 3 of 1995.