IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:04.11.2006 CORAM: THE HONOURABLE MR.JUSTICE P.SATHASIVAM and THE HONOURABLE MR.JUSTICE S. MANIKUMAR W.A.Nos.1213 to 1220, 1223 to 1228, 1604 to 1607, 2044 of 1999, 100 to 102, 313 of 2001 and W.P.Nos.10365 of 1999, 6265, 7334, 11899, 11900, 13060, 14648, 16547, 17066 of 2000, 592, 722, 828, 878, 905, 1847, 1848, 2673, 2778, 2787, 8349, 8448, 8635, 11781, 11785 of 2001,7003 of 2002,9126 of 2003,35004 of 2004 & 25556 of 2004 and WPMP.Nos.9361, 10870, 23986 of 2000 and 3812 of 2001. W.A.No.1213 of 1999: Maria Grace Rural Middle School Venkatarayapuram, Nanguneri Taluk Tirunelveli Kattabomman District rep. by its Correspondent Rev.Fr. A. Antony Raj. .. Appellant vs. 1. The Government of Tamil Nadu rep. by its Secretary, Education Science and Technology Department Fort St. George, Chennai 600 009. ... 1st Respondent in all Appeals 4th Respondent in W.A.2044/99 https://hcservices.ecourts.gov.in/hcservices/ 2. The Director of Elementary Education College Road, Chennai 600 006. ... Ist Respondent in W.A. 2044 2nd Respondent in W.A.Nos.1213, 1214, 1216, 1218, 1219, 1604, 1605 to 1607 and 101 and 313/99 3. The District Elementary Educational Officer, Tirunelveli 2, Tirunelveli Kattabomman District. ... 3rd Respondent in W.A.1213/99 4. The Assistant Educational Officer Nanguneri Range, Nanguneri Post Tirunelveli Kattabomman District. ..4th Respondents in W.A.1213/1999 B.M.Primary School, rep. by its Correspondent, K.Ushakumari ..Appellant in WA No.1214/99 The Society for the Minority People Movement improving Development in serveral aspects, rep. by its President v.Sheela Rani ..Appellant in WA No.1215/99 Indian Primary School, rep. by its Manager & Correspondent, Rev. Dr.Francis M.Vincent, Sivanthaman,Kanayakumari ..Appellant in WA No.1216/99 Christhu Raja High School, rep. by its Correspondent/ Head Masterd Rev.Bro. M.D.Sebastain ..Appellant in No.WA 1217/99 Indian Primary School Parakkingel, rep. by its Manager & Correspondent, Rev. Dr.Francis M.Vincent Kanyakumari ..Appellant in WA No.1218/99 https://hcservices.ecourts.gov.in/hcservices/ Indian Primary School, rep. by its Manager & Correspondent, Rev.Dr.Francis M.Vincent Kotturkonam, Kanyakumari ..Appellant in WA No.1219/99 St. Antony's High School, rep. by its Correspondent, Rev.Fr. Dasapanoor, Alavanthankulam, Tirunelveli ..Appellant in WA No.1220/99 Rev. Fr. Camillus S.D.B. Provincial and Chairman, The South India Salesian Society Madras, Manager St. Michaels High School, Madakkottai Thanjavur ..Appellant in WA No.1223/99 Rev. Fr.Camillus S.D.B. Provincial and Chairman The South India Salesian Society, Madras -10, Manager Don Bosco High School, Sagayathottam North Arcot District. ..Appellant in WA No.1224/99 Rev. Fr. Camillus S.D.B. Provincial and Chariman The South India Salesian Society, Madras Manager, Don Basco High School, Thirumalpuram, Madurai ..Appellant in WA No.1225/99 Rev. Fr. Camillus S.D.B. Provincial and Chairman The South India Salesian Society, Madras 10, Manager Don Bosco, High School, Jolarpettai, North Arcot District. ..Appellant in WA No.1226/99 Rev. Fr. Camililus S.D.B. Provincial and Chairman, The South Indian Salesion Society Madras 10, Manager Don Bosco High School,Manakkal,Lalgudi Tiruchi. ..Appellant in WA No.1227/99 Rev. Fr. Camillus SDB, Provincial and Chairman, The South India Salesion Society, Madras Pallithammam, Sivaganga ..Appellant in WA No.1228/99 https://hcservices.ecourts.gov.in/hcservices/ St. Stephen Middle School Bagavathipuram Puliyarai Shengottai Taluk, Nellai Katttabamman .Appellant in WA No.1604/99 Immanual Model Middle School rep. by its Correspondent , Tenkasi, Tirunelveli ..Appellant in WA No.1605/99 St. Antony's Middle School LIC Colony Anaiyur Panchayat by its Correspondent P.Ponnuthai ..Appellant in WA No.1606/99 Christian Assembly Welfare and Educational Society rep. by its President C.Rajan, Tenkasi Tirunelveli ..Appellant in WA No.1607/99 The Roman Catholic Society of the Brothers of the Sacred Heart of Jesus Palayamcottai, Tirunelveli, rep. by its Correspondent, Rev..Brother D.Britto Peter Boniface, Vadipatti, Madurai. ..Appellant in WA No.2044/99 M.Gurnathan Annai Indira Gandhi Memorial High School, Rajapalayam, Virudunagar ..Appellant in WA 100/2001 Aided Middle School rep. by its Secretary /Correspondent, Madakudy, Thanjavur ..Appellant in WA 101/2001 Jothi High School (Minority Institution) Solaichery rep. by its Correspondent Sankarankoil Appellant in WA.102/01. M/S. Saraswthi Middle School rep by its Manager K.Murugan Tethakudi South, Nagai Appellant in WA.313/01. VS 1. The Joint Director of School Education, (Secondary) College Road, Chennai 2nd Respondent in WA.1215/99, 100/01 https://hcservices.ecourts.gov.in/hcservices/ 2. The Director of School Education, College Road, Chennai - 6. 2nd Respondent in Wa.1217/99, 1220, 1223, 1224, 1225, 1226, 1227, 1228/99, 102/01. The District Elementary Educational Officer, RMS Road, Madurai 2nd Respondent in WA.2044/99. The District Elementary Education Officer Nagapattinam 2nd Respondent in WA.313/01 3. The District Elementary Educational officer, Nagercoil. 3rd respondent in WA.1214/99 1216, 1218, 1219/99 The Chief Educational Officer, Cuddalore 3rd Respondent in WA.1215/99 The Joint Director of School Education (Secondary) College Road, Chennai 3rd Respondent in WA.1217/99, 1220/99. The Chief Educational Officer, Tanjore 3rd Respondent in WA.1223/99. The Chief Educational Officer, Vellore 3rd Respondent in WA.1224/99, 1226./99 The Chief Educational Officer, Madurai 3rd Respondent in WA.1225/99. The Chief Educational Officer, Tiruchirappalli 3rd Respondent in WA.1227/99. The Chief Educational Officer, Sivagangai 3rd Respondent in WA.1228/99 The Joint Director of Elementary Education, College Road, Madras - 6. 3rd Respondent in WA.1604/99, 1607./99 The District Elementary Educational Officer Palayamkottai, Tirunelveli 3rd Respondent in WA.1605/99 https://hcservices.ecourts.gov.in/hcservices/ The District Educational Officer, RMS Road, Madurai 3rd Respondent in Wa.1606/99 The Additional Assistant Educational Officer, Vadipatti, Madurai 3rd Respondent in WA.2044/99 3. Director of Elementary Education, Chennai - 6 4. Cheif Educational Officer, Virudunagar 5. The District Educational Officer, Virudunagar 6. District Elementary Educational Officer, Virudunagar. 7. The Additional Assistant Elementary Educational Officer, Rajapalayam Respondents 3 to 7 in WA.100/01 The District Elementary Educational Officer, Thanjavur 3rd Respondent in WA.101/01 The Chief Educational Officer, Thanjavur 3rd Respondent in WA.102/01. The Assistant Elementary Education Officer, Vedaranyam, Nagai 3rd Respondent in WA.313/01. 4) THE ADDITIONAL ASSISTANT ELEMENTARY EDUCATIONAL OFFICER, KUZHITHURAI RANGE KANYAKUMARI .. 4th RESPONDENT IN WA NO. 1214/99 THE DISTRICT EDUCATIONAL OFFICER CUDDALORE .. 4th RESPONDENT IN WA NO. 1215/99 THE ASSISTNAT EDUCATIONAL OFFICER COLACHAL RANGE COLACHEL KANYAKUMARI DISTRICT .. 4th RESPONDENT IN WA 1216/99 THE DISTRICT EDUCATIONAL OFFICER TIRUNELVELI .. 4th RESPONDENT IN WA 1217/99 AND 1220/99 https://hcservices.ecourts.gov.in/hcservices/ THE ASSISTANT EDUCATIONAL OFFICER NAGERCOI RANGE NAGERCOIL .. 4th RESPONDENT IN WA 1218/99 THE ASSISTANT EDUCATIONAL OFFICER THIRUVATTAR RANGE, THIRUVATTAR 4th RESPONDENT IN WA NO. 1219/99 THE DISTRICT EDUCATIONAL OFFICER TANJAORE .. 4th RESPONDENT IN WA NO. 1223/99 THE DISTRICT EDUCATIONAL OFFICER CHEYYAR .. 4th RESPONDENT IN WA NO. 1224/99 THE DISTRICT EDUCATIONAL OFFICER MADURAI NORTH, MELUR .. 4th RESPONDENT IN WA NO. 1225/99 THE DISTRICT EDUCATIONAL OFFICER THIRUPATHUR .. 4th RESPONDENT IN WA NO. 1226/99 THE DISTRICT EDUCATIONAL OFFICER LALGUDI, TIRUCHIRAPPALLI .. 4th RESPONDENT IN WA NO. 1227/99 THE DISTRICT EDUCATIONAL OFFICER SIVAGANGA .. 4th RESPONDENT IN WA NO. 1228/99 THE CHIEF EDUCATIONAL OFFICER TIRUNELVELI .. 4th RESPONDENT IN WA NO. 1604/99 THE DISTRICT EDUCATIONAL OFFICER TENKASI ..5th RESPONDENT IN WA NO. 1604/99 THE ADDITIONAL ASSISTNAT EDUCATIONAL OFFICER, TENKASI .. 4th RESPONDENT IN WA NO. 1605/99 ADDITIONAL ASSISTNAT EDUCATIONAL OFFICER (ELEMENTARY) MADURAI WEST SELLUR, MADURI .. 4th RESPONDENT IN WA NO. 1606/99 THE DIRECTOR OF ELEMENTARY EDUCATION, TIRUNELVELI .. 4th RESPONDENT IN WA NO. 1607/99 THE ADDITIONAL Assistant EDUCATIONAL OFFICER, TENKASI .. 5th RESPONDENT IN WA 1607/99 THE ADDITIONAL ELEMENTARY EDUCATIONAL OFFICER, KUMBAKONAM 4th RESPONDENT IN WA 101/01 https://hcservices.ecourts.gov.in/hcservices/ THE DISTRICT EDUCATIONAL OFFICER TIRUNELVELI .. 4th RESPONDENT IN WA 102/01 1. THE CORRESPONDENT RC MIDDLE SCHOOL, KUTHAPANCHAN ALNGULAM TALUK, TIRUNELVELI 2) THE PRESIDENT PARENTS TEACHERS ASSOCIATION R.C. MIDDLE SCHOOL, KUTHAPANCHAN, ALANGULAM TIRUNELVELI .. PETITIONERS IN WP 10365/99 1) INDIAN PRIMARY SCHOOL, SIVANTHAMAN REP BY ITS MANAGER CORRESPONDNET REV. DR. FRANCIS M. VINCENT 2. INDIAN PRIMARY SCHOOL REP BY ITS MANAGER OF CORRESPONDENT REV. DR. FRANCIS M. VINCENT KOTTURKONAM, KANYAKUMARI THE INDIAN PRIMARY SCHOOL REP BY ITS MANAGER/CORRESPONDENT REV DR. FRANCIS M. VINCENT PARAKKINGAL, KANYAKUMARI .. PETITIONERS IN WP 6265/00 ANNAI SATHYA MIDDLE SCHOOL REP BY ITS CORRESPONDENT V. VICTOR BALACHANDAR CHIDAMBARAM . PETITIONER IN WP 7334/00 PARAMANANDA MIDDLE SCHOOL T.N. PUTHUKUDI REP BY ITS SECRETARY ANNATHAI SELVAMANI .. PETITIONER IN WP 11899/00 RAMASAMY MEMORIAL MIDDLE SCHOOL REP BY ITS SECRETARY G. GANESAMOORTHY VASUDEVANALLUR, TIRUNELVEI .. PETITIONER IN WP N. 11900/00 THE SOUTH INDIA SALESIAN SOCIETY REP BY ITS PROVINCIAL AND CHAIRMAN REF FR. BELLARMINE FDO, SDB, CHENNAI .. PETITIONER IN WP NO. 13060/00 THE CHURCH OF SOUTH INDIA TRUST ASSOCIATES, TIRUCHIRAPPALLI THANJAVUR DIOCESE REP BY ITS BISHOP LT. REV. D. JAMES SRINIVASAN TIRUCHIRAPPALLI .. PETITIONER IN WP NO. 14648/00 https://hcservices.ecourts.gov.in/hcservices/ 1. THE CORRESPONDENT CHRISTIAN MIDDLE SCHOOL, PALLIYADI KANYAKUMARI 2. THE PRESIDENT PARENT TEACHERS ASSOCIATION CHRISTIAN MIDDLE SCHOOL PALLIYADI, KANYAKUMARI ... PETITIONER IN WP 16547/00 1. THE CORRESPONDENT ST. THOMAS PRIMARY SCHOOL CHINNAMUTTOM 2. THE PRESIDENT PARENT TEACHERS ASSOCIATION ST. THOMAS PRIMARY SCHOOL CHINNAMUTTOM .. PETITIONER IN WP 17066/00 1. THE CORRESPONDENT VIYAGULA ANNAI PRIMARY SCHOOL VILLUKIRY K.K. DISTRICT 2. THE PRESIDENT PARENT TEACHERS ASSOCIATION VIYAGULA ANNAI PRIMARY SCHOOL VILLUKIRY K.K. .. PETITIONERS IN WP 592/01 THE SECRETARY PERUNTHALIVAR KAMARAJ PRIMARY SCHOOL VIRUDHUNAGAR THE PRESIDENT PARENT TEACHERS ASSOCIATION PERUNTHALIVAR KAMARAJ PRIMARY SCHOOL VIRUDHUNAGAR .. PETITIONERS IN WP NO. 722/01 1. THE CORRESPONDENT ST. HELENAS HIGH SCHOOL ENAYAM, K.K. DISTRICT 2. THE PRESIDENT PARENT TEACHERS ASSOCIATION ST. HELENAS HIGH SCHOOL ENAYAM .. PETITIONER IN WP 828/01 1. THE CORRESPONDENT ST. MICHAEL PRIMARY SCHOOL, ALENCODE, K.K. DISTRCT 2. THE PRESIDENT PARENT TEACHERS ASSOCIATION https://hcservices.ecourts.gov.in/hcservices/ ST. MICHAEL PRIMARY SCHOOL ALENCODE, K.K. DISTRICT .. PETITIONER IN WP NO. 878/01 1. THE CORRESPONDENT RC MIDDLE SCHOOL KUTHAPANCHAM, TIRUNELVELI THE PRESIDENT PARENT TEACHERS ASSOCIATION RC MDDILE SCHOOL KUTHAPANCHAN, ALANDGULAM .. PETITIONER IN WP NO.905/01 1. THE CORRESPONDENT ST. PETERS MIDDLE SCHOOL, KADIAPATTANAM KANYAKUMARI 2. THE PRESIDENT PARENT TEACHERS ASSCIATION ST. PETERS MIDDLE SCHOOL KADIAPATTANAM .. PETITIENR IN WP 1847/01 1. The Correspondent St Theresa's Primary School, Aruguvilai, Nagercoil. 2. The President, Parent Teachers Associates, St Theresa's Primary School, Aruguvilai, Nagarcoil ...Petitioners in WP.1848/01 1. The Corresponent, St Ignatius High School, Kurumbanai, Kanyakumari. 2. The President, Parant Teachers Associates, St Ignatius High School, Kurumbanai ...Petitioner in WP.2673/01 1. The Correspondent, St Marys Middle School Kanavoor, Udayamarthandam, Kanyakumari 2. The President, Parent Teachers Associates, St Marys Middle School, https://hcservices.ecourts.gov.in/hcservices/ Kanavoor, Udayamarthandam, Kanyakumari ...Petitioner in WP.2778/01 1. The Correspondent, St Jasephs High School, Ramanthurai KK District 2. The President, Parent Teachers Associates, St Jasephs High School, Ramanathurai KK District ...Petitioner in WP.2787/01 P.S. Kumarasamy Raja Memorial Girls High School, rep by its Secretary, Sakthi Nagar, Rajapalayam, Virudunagar, ...Petitioner in 8349/01 The correspondent Sir John D Monte Primary School Kovalam, Kancheepuram ...petitioner in WP.8448/01 The Correspondent st. Joseph's Higher Secondary School, Kovalam ...Petitioner in WP.8635/01 The Correspondent Annai Vailankanni High School, Sastri Nagar Chennai 39. ...Petitioner in WP/11781/01 The Correspondent Annai Vailankanni Primary School, Sastri Nagar Chennai 39. ...Petiioner in WP.No. 11785/01 The Correspondent St Antonys RCM Middle School Udaiyarkuppam Thiruvannamalai ...Petitioner in WP.No.7003/02 Association of Managers of Aided and Unaided recognised High Schools, and Higher Secondary Schools rep by its Secretary M. Sadasivam Rajapalayam, Virudunagar. ...Petitioner in WP.No.9126/03 https://hcservices.ecourts.gov.in/hcservices/ Association of Management of Hindu Educational Institution Tamil Nadu rep by Secretary Shri Ramakrishna Ashram Madurai ...Petitioner in WP.no.35004/04 The South India Salesian Society rep by its provincial & Chairman rev Fr Stainslaws Citadel Chennai 10 ...Petitioner in WP.25556/06 vs 1. The state of Tamil Nadu rep by its Secretary Education Dept., Fort St George, Chennai. ...1st Respondent in all WPs 2. The Director of Elementary Education, College Road, Chennai. ...2nd Respondent in WP.10365/99, 6245. 11899, 11980, 13060, 14648, 16547, 17066/00, 592/01, 772, 878, 905, 1847, 1848, 2778, 8448 and 7334/00 3. The District Elementary Education Officer, Tirunalveli at Palayamkottai. ...3rd Respondent in WP.No.10365/99 905/01 The District Elementary Education Officer, Nagercoil ...3rd Respondent in WP.No.6245/00 16547' 17066/00, 592/01, 878, 1847, 1848, 2778/00 The District Elementary Education Officer, Cuddalore ...3rd Respondent in WP.7334/00 The Assistant Educational Officer, Kavarachi Range, Cuddalore. 4th Respondent in WP.7334/00 The Director of School Education, (Secondary) College Road, Chennai 6 ...3rd Respondent in WP.14648/00 The District of Elementary Education Officer, https://hcservices.ecourts.gov.in/hcservices/ Virudunager ...3rd Respondent in WP.722/01 The Director of School Education, College Road, Chennai 6 The District of Educational Officer, Kuzhithurai K.K district ...Respondents 2 & 3 in WP.828/01 The Director of School Education, College Road, Chennai 6 The District of Educational Officer, Thuckalay KK. ...Respondent 2 & 3 in WP.2673/01 The Director of School Education, College Road, Chennai 6. The District of Educational Officer, Kuzhithurai, KK District ...Respondents 2 & 3 in WP.2787/01 The Director of School Education, Chennai. The Chief Educational Officer, Virudunagar. The District Educational Officer, Virudunagar. ...Respondents 2 to 4 in WP.8349/01 The District of Elementary Education Officer, Kancheepuram. ...3rd Respondent in WP.8448/01 The Joint Director of Higher Secondary Education, College Road, Chennai The Chief Educational Officer, Kancheepuram The District Educational Officer Chengalpattu. ...Respondent 2 to 4 in WP.8635/01 The Director of School Education, College Road, Chennai The District Educational Officer, Chennai 6. ...Respondent 2 & 3 in WP.11781/01 https://hcservices.ecourts.gov.in/hcservices/ The Director of Elementary Education, College Road, Chennai 6. The District Elementary Educational Officer, Chennai 6. ...Respondent 2 & 3 in WP.11785/01 The Director of Elementary Education, College Road, Chennai The Distict Elementary Educational Officer, Thiruvannamalai. ...Respondent 2 & 3 in WP.No.7003/02 Secretary to the Government of TN., Law Department, Fort St George, Chennai. ...2nd Respondent in WP.9126/03 The Director of School Education, College Road, Chennai 6 The Director Elementary Educational, Colleger Road, Chennai 6. ...Respondent 2 & 3 in WP.35004/04 The Director of School Education, Colleger Road, Chennai ...2nd Respondent in WP.25556/06 Writ Appeals are filed under Clause 15 of the Letter paten against the order passed in W.P.No.4237 of 1996 8907/98,19193, 17651 20410,17653, 17652, 20399/98, 14019/97, 14020 to 14024/98, 6781/93 18575/98, 471/99, 16262/95, 15497/99, 7946/98, 517/99. 18198/97 an 638/00 dated 22.03.1999 made by His Lordship the Hon'ble Mr. Justic P. Shanmugham. Writ Petitions filed under Article 226 of the Constitution o India praying for issuance of a writ of certiorarified mandamus a stated therein. Petition presented to this Court, under Article 226 of th Constitution of India to issue Writ of 1) Mandamus, directing th respondents herein to sanction and release forthwith grant in and t the petitioners middle school with effect from its recognition in Jun 1994, in WP 10365/99. 2) Declaration, declaring that the Act 11/99 in so far as th section 2(b) and 6 introducing section 14(a) of the Tamilnad recognised Private Schools (Regulation) Act 1973 is illegal unconstitutional void in so far as the petitioner schools ar concerned (in WP 6265/2000, 7334, 9126/03) https://hcservices.ecourts.gov.in/hcservices/ 3) Mandamus, directing the respondent, their agents an subordinates to forbear from giving effect to the Section 1(2)(a) an 2(b) and Section 6 of the Amendment Act 11/99 called the Tamilnad recognised Private schools (regulation) Amendment Act 1998 to sectio 14 of the Principal Act (ie) the Tamilnadu recognised Private School regulation Act, 1973 in so far as the petitioner is concerned (in W 11899/00, 11900, 13060, 14648/00). 4) Declaration, declaring section 6 read with Section 1(2)(b) o the Tamilnadu recognised private Schools (regulation) Amendment Ac 1998 (Act No. 11 of 1999) introducing Section 14-A in the Tamilnad recognised Private Schools (regulation) Act 1973 with effect fro 1991-1992) as ultravires, null and void and further direct th respondents herein to extend grant in and to the petitioner school b sanctioning one post of Headmistress (a) seven posts of secondary Grade Teachers and one post of craf teacher and releasing salaries from their respective dates o appointments. (in WP 16547/00) (b) and four posts of secondary Grade Teachers and releasin salaries from their respective dates of appointments (in WP 17066/00 592/01, 722/01, 878/01). (c) two posts of B.T. Assistants, one post of Physical Directo (High School), one post each of Junior Assistant, Office Assistant Sweeper and Watchman and releasing salaries from their respectiv dates of appointments (in WP 828/01) (d) Middle School with effect from its recognition in June 1994 (in WP 905) (e) Headmaster (Middle School) and three posts of Secondary grad teachers Assistants and releasing salaries from their respective date of appointment (in WP 1847/01) (f) and four posts of Secondary Grade teachers with effect fro its recognition in 1990 and releasing salaries from their respectiv dates of appointment (in WP 1848/01) (g) (High School) two posts of B.T. Assistants, one post o Physical Director (High School), one post each of Junior Assistant Record Clerk, Office Assistant, Sweeper, and watchman, and releasin salaries from their respective dates of appointment (in WP 2673/01) (h) (Middle School) three posts of secondary grade Teachers an releasing salaries from their respective dates of appointments (in W 2778/01) (i) (Middle School) three posts of B.T. Assistants one post o Tamil Pandit, one post of Physical Director (High School) one pos https://hcservices.ecourts.gov.in/hcservices/ each of sewing Mistress, Record Clerk, Office Assistant and Sweeper and releasing salaries from their respective dates of appointment (i WP 2787/01) (j) 9 P.G. Assistants Posts, 3 B.T. Assistants posts, one Tami Pandit Post, one P.E.T. Post, 7 Secondary Grade Assistant Post, on Junior Assistant Post one office Assistant Post, one Typist Post, on Lab Assistant Post, One Sweeper and one Sanitary Worker Post, (in W 8635/01) (k) Seven posts of Secondary Grade teachers, one post of Tami pandit, and one post of Physical Education Teacher and releasin salaries from their respective dates of appointment (in WP 7003/02) Certiorarified Mandamus, calling for the entire records relating to the impugned proceedings of the first respondent in his Proceedings of the first respondent in his Proceedings L.Dis.No. 73843/G3/2000 dated 21.9.2000 and quash the said impugned proceedings of the first respondent dated 21.9.2000 and consequently direct the respondents to pay the grant from the year 1991-92 and continue to disburse the grant to the petitioners school. (in WP 8349/01) Certiorarified Mandamus, calling for the records pursuant to S.6 read with S.1(2)(b) of the Tamilnadu Private Schools regulation Act 1998 Act. No. 11 of 1999 and quash the same and thereby direct the respondents to releasel the grant for the petitioner school of 6 secondary grade posts. (in WP 8448/01) Declaration, declaring section 6 read with section 1 (2)(b) of Tamilnadu Private School regulation Act 1998, (Act No. 11 of 1999) as unconstitutional, ultravires and null and void and direct the respondents to give grant in aid to the petitioner School by sanctioning grant for the posts of 1) 11 B.T. Assistants, 6 secondary Grade Assistants, one Junior Assistant, one office assistant, one Sweeper and one Typist post I(in WP 11781/01). 2) 16 Secondary Grade Teachers from their respective date of appointment and further direct to allot 6 more secondary grade posts (in WP 11785/01) Declaration declaring that Section 14.A of the Tamilnadu recognised Private School (Regulation) Act 1973 in unconstitutional and ultravires as violative of article 14 and 21 and directive Principles of the Constitution of India in so far as the Petitioners https://hcservices.ecourts.gov.in/hcservices/ Association is concerned and quash the same. (in WP 35004/04) Mandamus, directing the respondents their agents and subordinates to forbear from giving effect to the section 1(2) (a) and 2(b) and section 6 of the Amendment Act No. 11/99 called the Tamilnadu recognised Private Schools (Regulation) Amendment Act 1998 to section 14 of the Principal Act (ie) The Tamilnadu recognised Private Schools regulation Act 1973 in so far as the Petitioners Don Bosco High School, Maranodai, Villupuram is concerned. (in WP 25556/06) .. Mr. K. Ravichandra Babu, for appellant in WA.Nos.1213 to 1220 of 199 and for the petitioner in WP.Nos.6265 and 7334 of 2000. Mr. M. Joseph Thatheus Jerome for appellant in WA.Nos.1223 to 1228 2044 of 1999 and for petitioner in W.P.Nos.14648 of 2000, 11899 11900, 13060 of 2000 and 25556 of 2006. Mr. V. Ramajagadeesan, for appellant in W.A.Nos.1604 to 1607 of 1999. Mr. D. Rajendran, for appellant in WA.Nos.100 to 102, 313 of 2001. Mr. M. Sriram for petitioner in WP.No.8349 of 2001. Mr. Isaac Mohanlal for petitioner in WP.Nos.16547, 17066 of 2000, 592 722, 828, 878, 905, 2778, 1847, 1848, 2673, 2787 of 2001, 7003 of 200 and 10365 of 1999. Mr. A. Immanuel for petitioner in WP.No.9126 of 2003. Mr. S.N. Ravichandran for petitioner in WP.No.35004 of 2004. Mr. I. Arokiasamy for petitioner in WP.Nos.8448, 8635, 11781 and 1178 of 2001. Mr. R. Viduthalai, Advocate General assisted by Mr. M. Sekar, Specia Government Pleader for respondents in W.A.Nos.1213 to 1228, 1604 t 1607, 2044 of 1999, 100 to 102, 313 of 2001 and all writ petitions. COMMON JUDGMENT (Judgment of the Court was delivered by P.SATHASIVAM,J.) Since the issue in the writ appeals as well as the writ petition is one and the same, they are being disposed of by the followin common judgment. https://hcservices.ecourts.gov.in/hcservices/ 2. The writ appeals are filed against the common order date 22.03.1999 made in a batch of writ petitions, viz., W.P.Nos.6781 o 1993, etc., wherein the learned single Judge, after finding that th writ petitioners / Educational Institutions after the commencement o the academic year 1991-92 are not entitled to the grant of any Aid o the up-gradation of posts and salary for the teachers appointed upheld the Government Order and dismissed all the writ petitions. 3. In all the writ petitions, the petitioners / Educationa Institutions, Educational Agencies, Parent-Teachers Association challenge Section 14-A the Tamil Nadu Recognised Private School (Regulation) Act, 1973 (in short "the Act"), as inserted by Section read with Section 1(2)(b) of the Tamil Nadu Recognised Private School (Regulation) Amendment Act, 1998 as it is unconstitutional an violative of Articles 14, 21, 21-A, 30(2), 39, 41, 45 and 46 of th Constitution of India. 4. Brief facts:- (a) Prior to the introduction of Tamil Nadu Recognised Privat Schools (Regulation) Act 1973 (Tamil Nadu Act 29 of 1974), Primary an Middle Schools were governed by the Tamil Nadu Elementary Educatio Act, 1920 (Tamil Nadu Act V of 1920), Tamil Nadu Panchayats Act, 1958 City Municipal Corporation Act, 1920 and Tamil Nadu Distric Municipalities Act, 1920. (b) From the year 1964-65 onwards complete free education syste was introduced in the State. Aid to the management was given by way o grant to meet the entire expenditure incurred towards payment o salary to teachers through monthly teaching grant. While deficit gran was paid prior to 1964-1965, full grant was sanctioned from 1964-6 onwards. During 1973, Tamil Nadu Recognised Private School (Regulation) Act, 1973 and the Tamil Nadu Private Schools (Regulation Rules, 1974 came into operation governing recognised Aide institutions. According to Section 14 of the said Act and Rule 11 o the said Rules, aid was assessed for all the recognised institutions. ( c ) According to Rule 1 of the Rules framed under the Tami Nadu Elementary Education Act 1920, the power to grant permission t open new schools, additional classes in the existing schools and t grant or withdraw recognition/aid to or from Elementary Schools vest with the Officers of the Education Department. High Schools wer governed by Madras Educational Rules, now called, Tamil Nad Educational Rules. The power of recognition of secondary and Highe Secondary Schools is vested with the Director of School Education. (d) The Tamil Nadu Recognised Private Schools (Regulation) Ac 1973 and the Rules made thereunder now govern the aided Primary Middle, High and Higher Secondary Schools. Grant of aid to suc Schools is governed by the grant-in-aid code. Article 5 of the Grant https://hcservices.ecourts.gov.in/hcservices/ in-aid code deals with the payment of Teaching grant/staff grant t all types of Recognised schools under private management. (e) When the Non-Minority institutions have to get prio permission to open new institutions, the management of minorit institutions can open an Institution without prior permission an thereafter apply for the grant of recognition and aid. The minorit schools are covered by the Tamil Nadu Minority Schools (Recognitio and Payment of Grant) Rules, 1977. As per the Rules, no special statu is conferred on minority schools in respect of payment of grant, an Rule 6 categorically states that minority schools may be paid gran subject to the orders and instructions issued by the Government fro time to time. (f) As a matter of policy, the Government of Tamil Nadu ha stopped payment of Grant to Elementary schools established in 1988 The Schools which applied for grant of permission to open ne schools/additions sections/ upgradation under the provisions of th Tamilnadu Recognised Private Schools (Regulation) Act, 1973 as matter of fact did not claim Grant from the year 1988 onwards for period of three years. On completion of the said three years grant wa sanctioned to some schools with effect from 01.06.1991 in a phase manner. Subsequently, due to the heavy financial burden confronted b the Government, it was again decided to dispense with the payment o Grant