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1998 Supreme(Mad) 1540

P.SATHASIVAM
Coimbatore District Aided Secondary and Higher Secondary – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates Appeared:
V. Ayyadurai, for Petitioner in W.P.No.12253 of 1989., Joseph Jerome, for Martin, for Petitioner in W.P.No.91 of 1990., R.Muthukumaraswamy, Senior Counsel, for K. Sundareswaran, for Petitioner in W.P.No.584 of 1990., N. Paul Vasantha Kumar, for Petitioner in W.P.Nos.3113 of 1990 and 17931 of 1990., S. Sampathkumar for Petitioner in W.P.No.18841 of 1990.
T.R. Rajagopalan, Additional Advocate General for N. Subramani, Government Advocate, for Respondent Nos.1 to 3 in W.P.No.12253 of 1989., P.K. Rajagopal, for Respondent Nos.4 and 5 in W.P.No.12253 of 1989.

ORDER

In all these writ petitions the petitioners have sought for writ of declaration, declaring Rules 12(3) and 12(3)(a) of the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974 passed by the first respondent and the consequential proceedings made by the Educational authorities as ultra vires of Sec.15 of the Tamil Nadu Private Schools (Regulation) Act, 1973 and violative of Arts.19(i)(c) and 19(i)(g) of the Constitution of India, so far as the petitioners schools are concerned. Since similar contentions have been raised in all the writ petitions, for the convenience, I shall refer the factual position in W.P.No.12253 of 1989.

2. The case of the petitioner in W.P.No.12253 of 1989 is briefly stated hereunder: The petitioner is the Coimbator. District Aided Secondary and Higher Secondary School Management Association. It is stated that as per Sec.17 of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (hereinafter referred to as “the Act”), the school committee is invested with the power of transacting business of private schools. As such, the management have got much power to administer the institution in accordance with the rules ensuing a good education



































































































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