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1957 Supreme(Ker) 201

M.S.MENON
C. K. Krishnan – Appellant
Versus
Divisional Inspector of Schools, Coimbatore – Respondent


Judgment :-

1. The petitioner is the Correspondent of the National High School, Engandiyur. The 2nd respondent was a teacher in that school. The 1st respondent is the Divisional Inspector of Schools, Coimbatore.

2. The agreement entered into between the petitioner and the 2nd respondent is Ext. P6 dated 7-6-1955. Chapter III of the Madras Educational Rules contains the rules for Secondary Schools, and R.120) which occurs in that Chapter provides:

"12. The recognition of secondary schools shall vest in the director and it may be refused or withdrawn if he is not satisfied as regards any of the following, besides the other matters specified in this chapter:-

0) The terms on which the teachers are engaged, including the execution of a written agreement between the management and each teacher as prescribed in Appendix 28",

Ext. P 6 is in the form given in Appendix 28 for adoption by aided Managements.

3. Clause.? (4) of Ext. P6 is in the following terms:

"That in respect of the teacher appointed temporarily or to act on probation, the school authority shall have power to terminate the services of any such teacher -

(i) Without notice for any or all of the following reasons; wilful neglect of



























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