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2006 Supreme(Mad) 2273

P.K.MISRA, K.MOHAN RAM, M.JAICHANDREN
K. M. Valliapan – Appellant
Versus
Joint Director of School Education & Another – Respondent


Appearing Advocates:For the Petitioner:R. Subramanian, Advocate. For the Respondents:R1 P. Subramanian, Govt. Advocate, R2 C. Ravichandran, Advocate.

Judgment :-

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 d













































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