IMPORTANT POINT
The state has the authority to regulate the qualifications and service conditions of teachers in minority institutions to ensure educational standards, and the identification of surplus teachers is an administrative function that allows for their redeployment within the educational system.

JUDGMENT :

S.M.SUBRAMANIAM, J.

This writ appeal is directed against the order of the learned Single Judge, dated 02.09.2022, passed in W.P.(MD) No.15875 of 2022.

2. The following issues are mainly raised in this writ appeal and they are:

(i) The Teachers identified as surplus from minority Institutions (Corporate Management).

(ii) Non minority aided Institutions, where the Teachers are identified as surplus in the District concerned.

(iii) The Teachers, who were appointed by the minority Institutions and not possessing the requisite educational qualifications of Teacher Eligibility certificate.

(iv) Subject conversion and appointments without prior permission.

(v) Single unit schools, where no surplus candidates are identified and posts are sanctioned, but approval not granted.

(vi) In respect of cases, where prior permission has been granted but the appointments are not approved.

Let us now look into the relevant provisions of the statutes and Rules.

3. Section 26 of Tamil Nadu Recognized Private schools (Regulations) Act (hereinafter referred to as 'the Act' for the sake of brevity), provides absorption of Teachers or other persons of retrenchment. Accordingly, “Where any retrenchment of any Teacher or other person employed in any private school is rendered necessary consequent on any order of the Government relating to education or course of instruction or to any other matter, [or consequent on the reduction in strength of the pupil's studying in any such private school] it shall be competent for the Government or the school committee of any private school to appoint such Teacher or other person in any school or Institution maintained by the Government or in such private school, as the case may be. Explanation to this Section reads as under:

“Explanation- For the purpose of this section, the strength of the pupil's shall be determined in accordance with the norms fixed in the Grant-in-Aid Code of the Tamil Nadu Education Department or under any rule, regulation or order as may be made or issued by the Government or the Director of school Education, from time to time, for appointment of teachers or others in any private school.”

4. In the context of Section 26 of the Act, it is relevant to look into the spirit of Section 14 of the Act, which deals with payment of grant, as under:

“14. Payment of grant. - [(1) Subject to such rules as may be prescribed, the Government may continue to pay grant to the private school receiving grant from the Government, before the date of commencement of the academic year 1991-1992 at such rate and for such purposes as may be prescribed.

Explanation. - For the purposes of this sub-section, private school receiving grant from the Government shall also include a private school receiving grant from the Government only in respect of any class or course of instruction.]

(2) The Government may withhold permanently or for any specified period the whole or part of any grant referred to in sub-section (1) in respect of any private school, -

(i) which does not comply with any of the provisions of this Act or any rules made or directions issued thereunder insofar as such provisions, rules or directions are applicable to such private school, or

(ii) in respect of which the pay and allowances payable to any teacher or other person employed in such private school are not paid to such teacher or other person in accordance with the provisions of this Act or the rules made thereunder, or

(iii) which contravenes or fails to comply with any such conditions as may be prescribed.

(3) Before withholding the grant under sub-section (2), the Government shall give the educational agency an opportunity of making its representation.”

5. Regarding the requirements for payment of grant, Rule 11 of the Tamil Nadu Recognized Private schools (Regulation) Rules, 1974 (hereinafter referred to as 'Rules' for the sake of brevity) states as under:

“11. Payment of grant. –(1) Recognised Private schools may be paid grants from State funds directly or