Statutory Rules cannot override the provisions of an Act, and a circular issued by any authority cannot override a Government Order.

COMMON ORDER

The entire batch of cases are filed for issuance of a writ of certiorari to call for the records pertaining to the impugned proceedings issued by the third respondent Director of Elementary Education in Na.Ka.No.25873/AC1/2002 and Na.Ka.No.45914/W6/2003 dated 26.05.2003 and Na.Ka.3478/A3/2003 dated 28.5.2003 (prohibiting the appointment of teachers in private schools from 01.06.2003), quash the same.

2.Petitioners in all the writ petitions are private aided schools receiving aid from the Government and they have posts sanctioned by the Court under various Rules and Orders. While so, the impugned circulars dated 26.5.2003 and 28.5.2003 have been issued by the Director of School Education directing all its District Educational Officer and others that there is a proposal under consideration by the Government to degrade some of the posts in Elementary school, middle school, High schools and also in teacher training institution. Therefore, from 1.6.2003 no vacancies shall be filled up until further orders. Similarly on the same date the Director of Elementary Education has also passed similar circular. Therefore, all the minority or non minority schools, which are receiving aid from the Government, could not fill up any of the vacancies subsequent to 1.6.2003. Therefore, the writ petitions have been filed to quash the circulars.

3. No counter has been filed in spite of repeated adjournments.

4.The learned counsel for the petitioners submitted that these circulars are contrary to the Rules framed under the Act. Rules specifically provide for appointment of teachers as soon as vacancies arise. By this circulars that has been prevented. Therefore, these circulars are contrary to the Rules and on that ground alone, the proceedings have to be struck down as invalid.

5. The learned counsel also points out that in similar situation on an earlier occasion in a batch of case, this Court has passed an order on 16.8.1999 in W.P.Nos.10237 of 1998 batch. In that the circular impugned therein is referred to is as follows:-

"The Director of education, while the matter was under serious consideration of the Government relating to the appointment of a high power committee on the basis of representations made by the management of several aided private educational institutions, has issued the impugned order on the ground that the Government had proposed to issue revised norms and guidelines for pupil-teacher ratio, to the effect that vacancies that arose due to death, retirement, voluntary retirement, resignation etc. In aided elementary schools, high schools and higher secondary schools should not be filled up with effect from 1.6.1994 till the issue of the revised new norms by the Government."

The validity of the circular was decided in that case; while quashing the impugned circular therein, the learned Judge further held that:

"I hold that by the imposition of the ban on filling up of vacancies of teachers, the fundamental right of the pupils to get education is affected. Moreover, the effect of the executive order passed by the Director of Education is that some of the provisions of Private Schools Act and the Private Schools Rules have become inoperative. It is relevant to notice that posts of teachers in private educational institutions are sanctioned posts and when subjects have been sanctioned and teachers have also been sanctioned depending upon the number of pupils in a particular school, I hold that it is not open to the Director of Education to impose a ban on the appointment of teachers."

The learned Judge finally held as follows :-

"Therefore, I hold that the orders passed by the Director of Education are not sustainable in law and they are liable to be quashed and accordingly, quashed. Consequently, the orders refusing to grant approval to the appointments made on the basis of the impugned orders issued by the Director of Education are also not sustainable in law."

6.The decision rendered by this Court in that batch