Monday, Jul 22, 2002
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By A. Subramani
Justice P. Sathasivam, dismissing the plea, said, ``the code is comprehensive and complete...and the Government is well within its powers to issue executive instruction in the form of Government Orders''.
The code by and large provides protection and remedies to teachers and other non-teaching staff members under Clauses 17 to 23 in Chapter VI and VII of the code, the judge said.
On the petitioner's apprehension of the absence of a school committee as in the Tamil Nadu Recognised Private Schools (Regulation) Act 1973 extending job security and disciplinary action procedures, Mr. Justice Sathasivam stated, ``though there is no provision for school committee, Chapter VI and VII deal with the qualification of the staff, the method/ground for termination of services, minor and major punishments as well as provision for appeals to the director or the inspectors''.
According to the petitioner, the Private Schools Act made mandatory obtaining prior approval from competent authority for disciplinary action.
It had provisions for first and second appeals against the decisions too.
Such statutory provisions are not available for matriculation school teachers.
It also contended that the teachers had excess workload and the salary payable to them under the State Act was denied. Moreover, the code has no statutory force with regard to job security of teachers.
In its counter-affidavit, the Government said till 1978 matriculation schools were under the control of Madras and Madurai Kamaraj Universities.
The framing of the code did not take away any of the rights available to matriculation teachers.
All the rights existing prior to the code were still in force, except for the fact that they were now under the control of the Board of Matriculation Schools.
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