Power to give grant-in-aid to any private school is a discretionary power vested in the Government

P. SATHASIVAM, J. :- Since the issue in the writ appeals as well as the writ petitions is one and the same, they are being disposed of by the following common judgment.

2. The writ appeals are filed against the common order dated 22-3-1999 made in a batch of writ petitions, viz., W.P. Nos. 6781 of 1993, etc., wherein the learned single Judge, after finding that the writ petitioners/Educational Institutions after the commencement of the academic year 1991-92 are not entitled to the grant of any aid or the up-gradation of posts and salary for the teachers appointed, upheld the Government Order and dismissed all the writ petitions.

3. In all the writ petitions, the petitioners Educational Institutions, Educational Agencies, Parent Teachers Association, challenge Section 14-A the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (in short "the Act"), as inserted by Section 6 read with Section 1(2)(b) of the Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1998 as it is unconstitutional and violative of Articles 14, 21, 21-A, 30(2), 39, 41, 45 and 46 of the Constitution of India.

4. Brief facts :-

(a) Prior to the introduction of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (Tamil Nadu Act 29 of 1974), Primary and Middle Schools were governed by the Tamil Nadu Elementary Education Act, 1920 (Tamil Nadu Act V of 1920), Tamil Nadu Panchayats Act, 1958, City Municipal Corporation Act, 1920 and Tamil Nadu District Municipalities Act, 1920.

(b) From the year 1964-65 onwards complete free education system was introduced in the State. Aid to the management was given by way of grant to meet the entire expenditure incurred towards payment of salary to teachers through monthly teaching grant. While deficit grant was paid prior to 1964-1965, full grant was sanctioned from 1964-65 onwards. During 1973, Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and the Tamil Nadu Private Schools (Regulation) Rules, 1974 came into operation governing recognised Aided institutions. According to Section 14 of the said Act and Rule 11 of the said Rules, aid was assessed for all the recognised institutions.

(c) According to Rule 1 of the Rules framed under the Tamil Nadu Elementary Education Act 1920, the power to grant permission to open new schools, additional classes in the existing schools and to grant or withdraw recognition/aid to or from Elementary Schools vests with the Officers of the Education Department. High Schools were governed by Madras Educational Rules, now called, Tamil Nadu Educational Rules. The power of recognition of secondary and Higher Secondary Schools is vested with the Director of School Education.

(d) The Tamil Nadu Recognised Private Schools (Regulation) Act 1973 and the Rules made thereunder now govern the aided Primary, Middle, High and Higher Secondary Schools. Grant of aid to such schools is governed by the grant-in-aid code. Article 5 of the grant-in-aid code deals with the payment of teaching grant/staff grant to all types of Recognised Schools under private management.

(e) When the non-minority institutions have to get prior permission to open new institutions, the management of minority institutions can open an institution without prior permission and thereafter apply for the grant of recognition and aid. The minority schools are covered by the Tamil Nadu Minority Schools (Regulation and Payment of Grant) Rules, 1977. As per the Rules, no special status is conferred on minority schools in respect of payment of grant, and Rule 6 categorically states that minority schools may be paid grant subject to the orders and instructions issued by the Government from time to time.

(f) As a matter of policy, the Government of Tamil Nadu has stopped payment of Grant to Elementary Schools established in 1988. The schools which applied for grant of permission to open new schools/additions sections/upgradation under the provisions of the Tamil Nadu Recognised Private Schools (Regu