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

JUDGEMENT

(1.) IN all these writ petitions the petitioners have sought for writ of declaration, declaring Rules 12(3) and 12(3)(a) of the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974 passed by the first respondent and the consequential proceedings made by the Educational authorities as ultra vires of Sec.15 of the Tamil Nadu Private Schools (Regulation) Act, 1973 and violative ofArts.19(i)(c) and 19(i)(g) of the Constitution of INdia, so far as the petitioners schools are concerned. Since similar contentions have been raised in all the writ petitions, for the convenience, I shall refer the factual position in W.P.No.12253 of 1989.

(2.) THE case of the petitioner in W.P.No.12253 of 1989 is briefly stated hereunder: THE petitioner is the Coimbatore District Aided Secondary and Higher Secondary School Management Association. It is stated that as per Sec.17 of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (hereinafter referred to as "the Act"), the school committee is invested with the power of transacting business of private schools. As such, the management have got much power to administer the institution in accordance with the rules ensuing a good education to the students. Under Sec.15 of the Act, it is a pre-condition to have a school Committee in every recognised school which shall include the headmaster of the school and the senior most teachers employed in the school. Further Sec.15 also provides to include the number of representatives of teachers and also prescribes different number of representatives from different classes of private schools. THE rule prescribes that two senior most teachers in the school to be members of school committee in case where the institutional agency employees less than 20 teachers and three representatives in cases where number of teachers employed is more than 20. THE Headmaster would be a member ex officio in the committee. Under the said rules no limitation is provided regarding the number of representatives of the educational agency. Thus, the educational agency is given power to manage and administer the institution in consonance with their object of imparting education to suit the social needs.

(3.) I have carefully considered the rival submissions.