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High Court of Judicature at Madras
The Honourable Mr. Justice S.S. Subramani
The Management of Papanasam Labour Welfare Association Higher Secondary School, Vikramasingapuram rep by its Secretary
Versus
The Chief Educational Officer, Tirunelveli - 9 and six others
W.P.Nos.215 of 1997 and 13109 of 1997
Decided On : 24-11-1997
TAMIL NADU RECOGNISED PRIVATE SCHOOLS (REGULATION) ACT, 1973 - SECTION 27 - RULE 10 - ANNEXURE III - CLAUSE II - PAYMENT OF SALARY TO TEACHERS - DIRECT PAYMENT BY DISTRICT EDUCATIONAL OFFICER - SPECIAL CIRCUMSTANCES - PRINCIPLES OF NATURAL JUSTICE - VIOLATION - ARBITRARY EXERCISE OF POWER - QUASHING OF IMPUGNED ORDERS.
Fact of the Case:
The petitioner, a private school management, challenged the impugned orders passed by the respondents, directing direct payment of salaries to the school's teachers, bypassing the management. The petitioner contended that the impugned orders were passed without notice to it and amounted to interference in the internal management of the school. The respondents, on the other hand, argued that the atmosphere in the school was not conducive and that the impugned orders were passed in the best interest of the institution.
Finding of the Court:
The court held that the impugned orders were passed without affording an opportunity of hearing to the petitioner, thereby violating the principles of natural justice. It further held that the respondents had not established any special circumstances that warranted direct payment of salaries to the teachers, as required under Clause II of Annexure III of the Rules framed under the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973. The court also found that the respondents had acted arbitrarily and with a partisan attitude, and that their actions were violative of the fundamental principles of natural justice.
Issues: 1. Whether the impugned orders were passed in violation of the principles of natural justice? 2. Whether the respondents had established any special circumstances that warranted direct payment of salaries to the teachers? 3. Whether the respondents had acted arbitrarily and with a partisan attitude?
Ratio Decidendi: 1. The court held that the impugned orders were passed without affording an opportunity of hearing to the petitioner, thereby violating the principles of natural justice. It relied on the principle that every citizen is protected against arbitrary exercise of power by the State or its officers, and that the rule of natural justice operates in areas not covered by any law validly made. 2. The court held that the respondents had not established any special circumstances that warranted direct payment of salaries to the teachers, as required under Clause II of Annexure III of the Rules framed under the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973. It observed that the Clause only says "Under Special circumstances" without defining the Special circumstances, nor has it given any guidelines. An absolute power is given to the Department. In such circumstances, the Department must be little more careful in exercising the power. 3. The court held that the respondents had acted arbitrarily and with a partisan attitude, and that their actions were violative of the fundamental principles of natural justice. It noted that the respondents had not placed all the materials before the petitioner before passing the impugned orders, and that they had acted in a vindictive manner.
Final Decision: The court quashed the impugned orders and directed the respondents to act in accordance with the provisions of the Tamil Nadu Recognised Private Schools (Regulations) Act and the Rules framed thereunder. It also directed the respondents to forbear from interfering with the day-to-day administration and the decisions of the School Committee of the petitioner-School by constituting Peace Committee.
1. Petitioner seeks the issuance of a writ of certiorari or any other appropriate writ, order or direction in the nature of a writ, calling for the records relating to the proceedings of the 1st respondent in Na.Ka.No. 126746 W 12 of 96 dated 18. 1997 and the consequential proceedings of the third respondent in Na.Ka.No. 11867/47/96 dated 18. 1997, and quash the same, and pass such further or other orders as this Court may deem fit and proper.
2. This writ petition has been filed by the Management of Papanasam Labour Welfare Association Higher Secondary School, and the affidavit has been sworn to by Secretary of the School Committee.
3. It is said that the Papanasam Labour Welfare Association came into existence during 1942 for the Welfare of the employees of the Coats Viyalla India Limited. The Welfare Association during 1952 started a Primary School for the welfare of the children of the employees of Coats Viyella India Ltd. which became a Middle School during 1954, and it later became a High School during 1966, and a Higher Secondary School during 1984. It is said that there are more than 2500 students of whom 1747 are in the Higher Secondary Sections and 903 students are in the Primary Section. The School is an Aided School receiving grant from the Government and has a staff strength of 73 teachers who are working in sanctioned approved posts. The Educational Agency which runs the school is the Papanasam Labour Welfare Association, Vikramasingapuram. The affairs of the school are being managed by a single School Committee as contemplated under the Tamil Nadu Recognised Private School (Regulation) Act, 1973. It is also said that the various decisions taken by the School Committee have been approved by the Department. It is submitted that the Department has been hither to sanctioning the grant in the pursuance of a Staff Grant Statement submitted by the Management every month around the 20th of each month. Based on the statement furnished by the Secretary which is signed by the Headmaster, the third respondent sanctions the staff grant in a specified bill form to enable the Secretary to encash the bill and disburse the salary to the employees. The said procedure is being followed as contemplated in Clause 2 Annexure III framed under Rule 19 of the Tamil Nadu Recognised Private School (Regulation) Rules, 1974. It is said that the Management has been promptly submitting the Staff Grant Statement all these years, and the salary is being disbursed to the employees without giving room for any complaint. It is also said that in cases where the staff grant could not be obtained in time, the Management used to disburse 80% of the salary to avoid difficulty for the employees.
4. It is said that a small group of teachers against some of whom the Management had initiated disciplinary action for contravention of the Code of Conduct, with the help of the Ruling Party M.L.A., had caused disturbance to the smooth functioning of the school by conducting an illegal strike. On account of that political pressure, the respondents 2 and 3 have adopted an attitude to support the teachers who had participate in the illegal strike. It is further submitted that a Peace Committee was formed under the Auspices of the Sub Collector. The said Committee sought to invalidate the valid decisions taken by the School Committee and in fact attempted to interfere with regard to admission of students contrary to the procedure contemplated under the Act and Rules. The Management has already filed a Writ Petition as W.P. 215 of 1997, challenging the constitution of the Peace Committee, and the same is also disposed of along with this writ petition. It is the grievance of the Petitioner that the Department is always adopting a partisan attitude for reasons better known to the Department, in spite of the fact that the petitioner and the School Committee were acting according to law. The third respondent is acting in contravention of the Government Ord
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