SWAMI SADANANDA, SECRETARY, VIVEKANANDA HIGHER SECONDARY SCHOOL Vs. CHIEF EDUCATIONAL OFFICER,; JOINT DIRECTOR OF SCHOOL EDUCATION, HIGHER SECONDARY AND M PANNEER SELVAM, HEAD MASTER (UNDER SUSPENSION)

JUDGEMENT

(1.) The Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (Tamil Nadu Act 29 of 1973) provides for the regulation of recognised private schools in the state of Tamil Nadu. The Act seeks to regulate the establishment, management and control of private schools, apart from providing for regulation of the conditions of service of teachers and other persons employed in private schools. The Act further provides for the constitution and functions of the Managing Bodies of the private schools. Sub-section (8) of Section 2 of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, defines "School Committee" as the School Committee constituted under Section 15. Sub-section (3) of Section 2 defines "Educational Agency" as any person or body of persons which has established and is a dministering or proposes to establish and administer such minority school. In relation to any other private school, it means any person or body of persons permitted or deemed to be permitted under the Act to establish and maintain such other private school. Chapter IV (Sections 15 to 18) of the Act contains provisions relating to the constitution of the School Committee and the various functions of the School Committee. Section 15 of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, provides for the constitution of the School Committee. Section 16 of the Act stipulates that the Committee shall have a Secretary who shall exercise such powers and functions as may be prescribed. Section 17 deals with meetings of the School Committee. It prescribes that the Committee shall meet at such times and places and observe rules and procedures in regard to the transaction of business at its meetings as may be prescribed. As per Sub-section (2), the President of the School Committee has to preside over the meeting of the Committee. However, where the President is absent, any member chosen by the members present, shall preside at the meeting of the School Committee. Sub-section (3) states that all decisions of the meeting of the School Committee shall be by a majority of the votes of the members present and voting. In the case of equality of votes, the President or, in his absence, the member presiding, shall have the second or casting vote. Section 18 outlines the functions of the School Committee and the responsibility of the educational agency under the Act. The functions entrusted are:

(2.) In exercise of the power thus conferred, the Tamil Nadu Private Schools (Regulation) Rules, 1974 is formulated, providing for matters relating to the recognition as well as the constitution of the School Committee, meetings of the committee and the procedure relating to appeal as regards the punishment imposed. Rule 12 deals with the constitution of the School Committee. Rule 13 deals with the nomination of one of the representatives of the educational agency as the Secretary of the School Committee and the functions of the Secretary. Under the said Rule, the term of office of the Secretary is prescribed as three years. Sub-rule (4) stipulates that the Secretary shall function for and on behalf of the School Committee and the educational agency. The Secretary is required to act on the basis of the resolutions in the meetings of the School Committee. Rule 14 deals with the meetings of the School Committee. This is in furtherance of Section 17 of the Act dealing with the meetings of the School Committee. As per Rule 14, the meetings of the School Committee shall be convened by the Secretary of the School Committee with the approval of the President of the School Committee. Sub-rule (2) states that the meeting of the committee shall be conducted after giving seven clear days' notice in writing to the members of the Committee and the quorum for the meeting is given as 50% of the total members of the Committee present.

(3.) Rule 15 relates to the qualifications and conditions of service of teachers and other persons. Under this provision, School Committee of every school has to enter into an agreement with the teacher or other person appointed. If a person is appointed for a period exceeding three months, the agreement has to be in Form VII-A or VII-B. In respect of Junior Grade teachers, the agreement shall be in Form VII-C.