School committee is empowered to take action against teachers and other employees.

P.K. Misra, J.

Learned single Judge has referred W.P.No.8335 of 2003 to a larger Bench to resolve the conflict of views between various decisions of this Court on the question relating to holding of disciplinary proceedings by School Committee as per the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (hereinafter referred to as “the Act).

2. Learned single Judge in his order of reference has referred to decisions of this Court in (i) P.S. Venkataramanujam Vs. National High School – W.A.No.170 of 1978 dated 13.11.1979 (D.B.); (ii) P. Kasilingam Vs. Bharathiyar University & Others (1990-I-LLJ 73) (D.B.); (iii) C. Ranganathan Vs. President/Secretary of the School Committee, Maruthamalai Sri Subramania Swamy Devathanam and another (1997-2-L.W.872); and (iv) Management of M.G.R. Higher Secondary School, Kodambakkam Vs. NAG Balaji Singh & Others (1998 WLR 769) wherein it has been held that disciplinary enquiry can be held only by the School Committee as envisaged under the Act and such power and duties cannot be delegated to any other individual or body. The learned single Judge has noticed that a contrary view has been expressed by another Division Bench in the decision reported in 1995-I-MLJ 610 (SARADHA BALAKRISHNAN v. THE DIRECTOR OF COLLEGIATE EDUCATION AND ANOTHER).

3. In order to resolve such dispute, it is first necessary to notice the relevant provisions contained in the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973.

3.1 Section 2(3)(a) of the Tamil Nadu Recognsied Private Schools (Regulation) Act, 1973, relates to definition of Educational Agency relating to minority school and Section 2(3)(b) relates to any other private school. The "School Committee" in relation to a private school means the school committee constituted under Section 15. Section 15 provides that a private school committee shall include the headmaster and the senior most teachers as provided in sub-section (2). As per sub-section (2), the number of representatives of the teachers on such constituted school committee shall be such as may be prescribed.

3.2 Rule 12 of the Tamil Nadu Recognised Private School (Regulation) Rules, 1974 (hereinafter referred to as “the Rules”) states that the School Committee shall consist of not more than the following number of members :-

(i) Representatives of the Educational Agency who shall be nominated by such educational agency

(ii) Headmaster of the School

(iii) Senior-most teachers of the school

(iv) Parent-Teacher Association nominee

(v) Senior-most non-teaching staff, if available.

3.3 Under Rule 12(4), an educational agency shall nominate one of the representatives in the Committee as the President. Under Rule 13, the educational agency shall nominate one of its representatives as Secretary of the School Committee. Under Rule 13(3), the Secretary of the School Committee shall function for and on behalf of the School Committee and the educational agency. Under Rule 13(4), the Secretary shall act on the basis of the resolution of the School Committee.

3.4 Section 18(c) empowers the School Committee to take disciplinary action against teachers and other employees of the private school. Under Section 18(2), the educational agency shall be bound by anything done by the school committee in the discharge of its functions and under Section 18(3) any decision or action taken by the school committee within the jurisdiction shall be deemed to be the decision or action taken by the educational agency.

3.5 Section 16 envisages that the Secretary of the School Committee shall perform such functions as may be prescribed.

3.6 Chapter V relates to terms and conditions of service of teachers and other employees. Under Section 22(1), no order of dismissal, removal or reduction in rank or suspension of teachers shall be made except with the prior approval of the competent authority. Under Section 23, appeal lies to the prescribed authority and, under Section 24, second appeal lies to the Tribunal. Under Sec