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2004 Supreme(Mad) 158

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE N.DHINAKAR & THE HONOURABLE MR.JUSTICE D.MURUGESAN
Sir M.Venkata Subba Rao Matriculation Higher Secondary School Staff Association - Appellant
Versus
Sir M.Venkata Subba Rao Matriculation Higher Secondary School - Respondents
Writ Appeal No.661 of 2000
Decided On : 10 February 2004

Advocates Appeared:For The Petitioner:D.Hariparanthaman, Advocate. For The Respondent:S.Silambanan, Advocate.

Overaall control of the school vests with the Management according to Regulation of the HCT.

Headnote:Tamil Nadu Private School (Regulation) Act, 1974-Applicability of the Act-Only Regulations framed by Government in 1978 be applicable-1974 Act not applicable to Matriculation Schools not aided by Government-So far power of Management is concerned, Management is empowered to prescribe dress code-Violation of direction regarding dress code may lead to imposition of fine-Held, no irregularity in imposing Dress Code.

Judgment :-

D.Murugesan, J.

An interesting question, as to the dress code imposed by the management of a school on the teachers, arises for our consideration in this writ appeal. As the dress code imposed by the management of the school on the teachers is claimed for maintenance of discipline, we would like to add a few words regarding the education and the role of teachers, in our order, before dealing with the above question.

2. A glance at the history of education is interesting. It may be recalled that till the middle ages, education and religion were closely linked. Priests assumed the role of teachers and generally educational institutions were attached to places of worship. Later, education became a community work. Thereafter, students were imparted education in gurukulams. In gurukulams, basically morals were taught to the students. The students were expected to serve the guru in his day-to-day affairs and in that process, were taught the discipline. Later, realising the importance of education, persons interested and dedicated, started educational institutions. These educational institutions were known as private educational institutions. Realising the importance of education, the Government also started schools.

3. The purpose of education has always been comprehensive enough to improve the development of all round personality of the individual. It is treated as a basic input in the country's development efforts and figure prominently in the strategy of national development. Educational institutions have become the most important socialising agent for students to provide curriculum which is life centred. A properly educated man has the good character and clear thinking. No civilised country can afford to ignore the education of the people. Modern democracy based on human dignity and equality should not remain idle only, but it should be made a live force. Education develops amongst students qualities of initiative, leadership and spirit of service to the community. Education means educating children in the great eternal principle of justice and might which underline the entire length of human existence, fitting a man to perform justly, skilfully and magnanimously all the official, both private and public, of peace and war. It also means cultivating manners, behaviour and judgment than bare and mere liberal learning. It means a complete development of the individuality of the child so that he can make an original contribution to human life according to the best of his capacity.

4. If we view the importance of education, the role of a teacher, in achieving the above, assumes importance. A teacher is always entrusted with some professional responsibilities that include fostering deep human relations, effective teaching, development of character, negotiating individual difference and greater and more effective involvement in curriculum development. Teacher is the main source of motivating students. Teachers are dealers of educational system. The efficiency of the system depends on the teacher. The teacher creates knowledge, learning, wisdom and also creates out of the students, men and women, equipped with certain skills and ability, which will enable them to face the challenges of life. He is the preserver of learning and destroyer of ignorance. The teacher is the principal instrument in awakening the child to cultural values. We need not elaborate further on the role of a teacher and the professional code of a teacher, as the above are only indicative.

5. The respondent-school in question is a matriculation school. The matriculation schools in Tamil Nadu form a separate category of their own with separate identity. These schools in Tamil Nadu and in the Union Territory of Pondicherry were once affiliated to the University of Madras. As the Syndicate of the University of Madras decided that the Universities need no longer control matriculation schools and communicated the decision to Government, the Government formed a se







































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