{"id":17350,"date":"2004-02-10T00:00:00","date_gmt":"2004-02-09T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/sir-m-venkata-subba-rao-vs-sir-m-venkata-subba-rao-on-10-february-2004"},"modified":"2015-11-23T09:00:23","modified_gmt":"2015-11-23T03:30:23","slug":"sir-m-venkata-subba-rao-vs-sir-m-venkata-subba-rao-on-10-february-2004","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/sir-m-venkata-subba-rao-vs-sir-m-venkata-subba-rao-on-10-february-2004","title":{"rendered":"Sir M.Venkata Subba Rao vs Sir M.Venkata Subba Rao on 10 February, 2004"},"content":{"rendered":"<div class=\"docsource_main\">Madras High Court<\/div>\n<div class=\"doc_title\">Sir M.Venkata Subba Rao vs Sir M.Venkata Subba Rao on 10 February, 2004<\/div>\n<pre>       \n\n  \n\n  \n\n \n \n IN THE HIGH COURT OF JUDICATURE AT MADRAS\n\nDATED: 10\/02\/2004\n\nCORAM\n\nTHE HONOURABLE MR.JUSTICE N.DHINAKAR\nAND\nTHE HONOURABLE MR.JUSTICE D.MURUGESAN\n\nWrit Appeal No.661 of 2000\n\n\nSir M.Venkata Subba Rao\nMatriculation Higher Secondary\nSchool Staff Association\nrep. by its Secretary\n55, Railway Station Road\nKodambakkam, Chennai-24                 ..      Appellant\n\n-Vs-\n\nSir M.Venkata Subba Rao\nMatriculation Higher Secondary\nSchool rep. by its Correspondent\n57-B, Thirumalaipillai Road\nT.Nagar, Chennai-17                             ..      Respondent\n\n        Memorandum of Grounds of Writ Appeal filed  under  Clause  15  of  the\nLetters Patent, against the order dated 16.11.99 made in W.P.No.11596 of 1999.\n\n!For Appellant          ::      Mr.D.Hariparanthaman\n\n^For Respondent         ::      Mr.S.Silambanan\n\n:JUDGMENT\n<\/pre>\n<p>(Judgment of the Court was made by D.MURUGESAN, J.)<\/p>\n<p>                An  interesting  question, as to the dress code imposed by the<br \/>\nmanagement of a school on the teachers, arises for our consideration  in  this<br \/>\nwrit appeal.  As the dress code imposed by the management of the school on the<br \/>\nteachers  is claimed for maintenance of discipline, we would like to add a few<br \/>\nwords regarding the education and the role of teachers, in our  order,  before<br \/>\ndealing with the above question.\n<\/p>\n<p>                2.  A  glance  at the history of education is interesting.  It<br \/>\nmay be recalled that till the middle ages, education and religion were closely<br \/>\nlinked.  Priests assumed  the  role  of  teachers  and  generally  educational<br \/>\ninstitutions were  attached  to  places of worship.  Later, education became a<br \/>\ncommunity work.  Thereafter, students were imparted education  in  gurukulams.<br \/>\nIn gurukulams,  basically  morals  were  taught to the students.  The students<br \/>\nwere expected to serve the guru in his day-to-day affairs and in that process,<br \/>\nwere taught the discipline.  Later, realising  the  importance  of  education,<br \/>\npersons interested  and  dedicated,  started  educational institutions.  These<br \/>\neducational institutions  were  known  as  private  educational  institutions.<br \/>\nRealising the importance of education, the Government also started schools.\n<\/p>\n<p>                3.   The  purpose  of  education has always been comprehensive<br \/>\nenough to improve the development of all round personality of the  individual.<br \/>\nIt is treated as a basic input in the country&#8217;s development efforts and figure<br \/>\nprominently in the strategy of national development.  Educational institutions<br \/>\nhave  become  the  most  important  socialising  agent for students to provide<br \/>\ncurriculum which is life centred.   A  properly  educated  man  has  the  good<br \/>\ncharacter and  clear  thinking.  No civilised country can afford to ignore the<br \/>\neducation of the people.  Modern democracy based on human dignity and equality<br \/>\nshould not remain idle only, but it should be made a live  force.    Education<br \/>\ndevelops  amongst  students  qualities of initiative, leadership and spirit of<br \/>\nservice to the community.  Education means educating  children  in  the  great<br \/>\neternal  principle  of  justice and might which underline the entire length of<br \/>\nhuman existence, fitting a man to perform justly, skillfully and magnanimously<br \/>\nall the official, both private and public, of peace and war.   It  also  means<br \/>\ncultivating  manners,  behaviour  and  judgment  than  bare  and  mere liberal<br \/>\nlearning.  It means a complete development of the individuality of  the  child<br \/>\nso  that  he  can make an original contribution to human life according to the<br \/>\nbest of his capacity.\n<\/p>\n<p>                4.  If we view the importance of  education,  the  role  of  a<br \/>\nteacher, in  achieving  the  above,  assumes  importance.  A teacher is always<br \/>\nentrusted with some professional responsibilities that include fostering  deep<br \/>\nhuman  relations,  effective  teaching,  development of character, negotiating<br \/>\nindividual difference and greater and more effective involvement in curriculum<br \/>\ndevelopment.  Teacher is the main source of motivating students.  Teachers are<br \/>\ndealers of educational system.  The efficiency of the system  depends  on  the<br \/>\nteacher.  The teacher creates knowledge, learning, wisdom and also creates out<br \/>\nof  the  students,  men  and  women, equipped with certain skills and ability,<br \/>\nwhich will enable them to face the challenges of life.  He is the preserver of<br \/>\nlearning and destroyer of ignorance.  The teacher is the principal  instrument<br \/>\nin awakening  the  child to cultural values.  We need not elaborate further on<br \/>\nthe role of a teacher and the professional code of a teacher, as the above are<br \/>\nonly indicative.\n<\/p>\n<p>                5.  The  respondent-school  in  question  is  a  matriculation<br \/>\nschool.   The  matriculation schools in Tamil Nadu form a separate category of<br \/>\ntheir own with separate identity.  These schools in  Tamil  Nadu  and  in  the<br \/>\nUnion  Territory  of  Pondicherry  were  once  affiliated to the University of<br \/>\nMadras.  As the Syndicate  of  the  University  of  Madras  decided  that  the<br \/>\nUniversities need no longer control matriculation schools and communicated the<br \/>\ndecision   to   Government,   the   Government  formed  a  separate  Board  of<br \/>\nMatriculation Schools  in  G.O.Ms.No.2816,  Education  dated  29.11.76.    The<br \/>\nmatriculation schools  were  allowed to retain their original structure.  They<br \/>\nwere permitted to levy fees and as such they were not eligible for any  grant.<br \/>\nThey  were  free  to adopt their own curriculum and make innovations that suit<br \/>\ntheir needs.    Later,  a  common  curriculum  for  these  schools  was   also<br \/>\nintroduced.   During the year 1978, the Board of Matriculation Schools decided<br \/>\nthat a Code of Regulations for Matriculation Schools (hereinafter referred  to<br \/>\nas the  &#8220;Regulations&#8221;)  must  be  framed.    Accordingly, the Regulations were<br \/>\nframed and notified on 1.6.78.    These  Regulations  are  applicable  to  the<br \/>\nrespondent-school.\n<\/p>\n<p>                6.   Since  an  incidental question as to the applicability of<br \/>\nthe Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 to the school<br \/>\nin question was raised, we deem it proper  to  discuss  and  decide  the  said<br \/>\nquestion at  first.    The  Government  of  Tamil  Nadu enacted the Tamil Nadu<br \/>\nRecognised Private Schools (Regulation) Act, 1973 ( hereinafter referred to as<br \/>\nthe &#8220;Act&#8221;) in order to  provide  for  the  regulation  of  recognised  private<br \/>\nschools in  the State of Tamil Nadu.  Under the said Act, a new private school<br \/>\nshall obtain permission from the Government under Section 4 of the Act.    The<br \/>\nprocedures to be followed for obtaining permission and the grant of permission<br \/>\nare  not  dealt with elaborately, as they are not required for the disposal of<br \/>\nthis writ appeal.  The grant of permission under Section 6 of the Act entitles<br \/>\nthe school for recognition under Section 11 of the Act.  Only  such  of  those<br \/>\nschools which has obtained permission and recognition were entitled to payment<br \/>\nof grant  under  Section  14.  In terms of the definition of a private school,<br \/>\nsuch of those schools established with permission and recognition are governed<br \/>\nby the said Act.  Under Section 9 of the Act, a minority school need  not  get<br \/>\npermission, but shall also get recognition, as the permission under the Act is<br \/>\nfor  establishment  of  the  school  and the recognition is for the purpose of<br \/>\nrecognising the course.  As already elaborated, the matriculation schools  are<br \/>\ngoverned by  the regulations.  In this context, it must be considered whether,<br \/>\nin the absence of a specific enactment governing  the  matriculation  schools,<br \/>\nthe  provisions  of  the  Act  shall be automatically made applicable to those<br \/>\nschools.  This issue came up for consideration before P.Sathasivam, J.  in the<br \/>\njudgment in &#8220;<a href=\"\/doc\/286237\/\">TAMIL NADU MATRICULATION AND CBSE SCHOOLS  TEACHERS&#8217;  ASSOCIATION<br \/>\nv.  STATE OF  TAMIL  NADU  AND  OTHERS<\/a> (20 02 W.L.R.  688)&#8221;.  After a detailed<br \/>\ndiscussion, the learned Judge has held that  in  the  absence  of  a  specific<br \/>\nprovision making the Act applicable to the matriculation schools, it cannot be<br \/>\ncontended  that the said Act would be applicable to the matriculation schools.<br \/>\nThe provisions of the Act is self-contained  code  insofar  as  the  grant  of<br \/>\npermission  and  recognition to the private schools, established, administered<br \/>\nand aided by the State Government under the  Act.    By  the  very  nature  of<br \/>\nestablishment  of  the  matriculation schools without there being any aid, the<br \/>\nGovernment did not thought it fit to make the provisions of the Act applicable<br \/>\nmutatis mutandis to the matriculation schools also.  Though the Government had<br \/>\nnot framed a separate enactment applicable to the  matriculation  schools,  in<br \/>\nview of the Regulations, we hold that the Regulations framed by the Government<br \/>\nin  the  year 1978 shall alone be made applicable to the matriculation schools<br \/>\nand not the Tamil Nadu Recognised Private Schools (Regulation) Act.    We  are<br \/>\nentirely  in  agreement  with  the  view  of  the learned single Judge in this<br \/>\nregard.\n<\/p>\n<p>                7.  With the above background, let us now consider  the  issue<br \/>\nraised in  this  appeal.    The  appellant  is the Staff Association of Sir M.<br \/>\nVenkata Subba Rao  Matriculation  Higher  Secondary  School,  Chennai  and  is<br \/>\nrepresented by  its Secretary by name Asraf Ali.  We are referring to the name<br \/>\nof the Secretary for  the  purpose  that  it  was  argued  before  us  by  the<br \/>\nmanagement  that  on  the  date when the writ petition was filed, he was not a<br \/>\nteacher of the school and consequently he would not have locus standi to  file<br \/>\nthe writ petition in the capacity of Secretary of the Association.\n<\/p>\n<p>                8.   The  respondent-school  management had prescribed a dress<br \/>\ncode in the form of Code of Conduct  to  the  teachers.    This  code  was  in<br \/>\nexistence  even  when  the  deponent of the affidavit in the writ petition was<br \/>\nappointed.   From  the  acknowledgment  of  the  deponent  N.Asraf  Ali  dated<br \/>\n23.10.91,  we  find that the code was served on the deponent of the affidavit.<br \/>\nThere was no challenge to the said code.  Paragraph (1) of the code relates to<br \/>\nthe dress regulation, wherein the teachers  were  directed  to  neatly  dress.<br \/>\nThis  code  was  sought  to be modified by the impugned circular No.I\/99 dated<br \/>\n12.2.99, which reads as under:-\n<\/p>\n<p>                CIRCULAR I\/99                   12.2.99<br \/>\n        In partial modification of clause I of Code of Conduct, the  following<br \/>\nrevised Dress Code will be implemented with immediate effect.\n<\/p>\n<p>        Masters  should  wear full trousers, full sleeve shirts and shoes with<br \/>\nsocks.  Ties are optional.\n<\/p>\n<p>        Lady Teachers should wear sarees, blouse with sleeves or salwar  kamiz<br \/>\nwith duppata.\n<\/p>\n<p>        T-shirts, shirts without collars, Jeans and Hawaiian chappals will not<br \/>\nbe allowed for both ladies and gents.\n<\/p>\n<p>        All the Masters and Lady Teachers should strictly adhere to this Dress<br \/>\nCode, whenever and wherever they may be on the school campus.&#8221;\n<\/p>\n<p>                9.   Mr.D.Hariparanthaman,  learned  counsel appearing for the<br \/>\nappellant-Association would almost reiterate the above grounds by arguing that<br \/>\nany instructions or rules or regulations without a statutory backing cannot be<br \/>\ninsisted on the teachers.  He would also submit that in  the  absence  of  any<br \/>\nprovision for imposing fine, the respondent-school management has no authority<br \/>\nto impose  fine  for  non-compliance  of the dress code.  He would submit that<br \/>\nnone of the Regulations enable  the  respondent-school  management  to  impose<br \/>\neither dress code or fine.  He would further submit that the circular imposing<br \/>\ndress  code was insisted only in a vindictive manner to curtail the legitimate<br \/>\nactivities of the appellant-Association.\n<\/p>\n<p>                10.   Mr.S.Silambanan,  learned  counsel  appearing  for   the<br \/>\nrespondentschool management, on the other hand, would submit that the deponent<br \/>\nof  the  affidavit  retired  on  16.6.99 and the writ petition filed by him on<br \/>\n26.6.99 is not maintainable.    He  would  submit  that  the  dress  code  was<br \/>\nintroduced  only to maintain uniform discipline not only amongst the students,<br \/>\nbut also amongst the teachers.  When the said dress code is imposed  uniformly<br \/>\nin   respect   of   all   teachers,   question  of  either  discrimination  or<br \/>\nvindictiveness does not arise.  Question of victimisation is only intended for<br \/>\nthe purpose of the case.\n<\/p>\n<p>                11.  We have carefully considered the above submissions.   Let<br \/>\nus  now  first consider as to whether the respondent-school management has the<br \/>\npower to  issue  circulars  containing  code  of  conduct  for  the  teachers.<br \/>\nRegulation  3  of the Regulations relates to the responsibility of maintenance<br \/>\nand control of every recognised school to vest in a governing body.  It  shall<br \/>\nbe   responsible  for  the  fulfillment  of  all  the  conditions  upon  which<br \/>\nrecognition is granted.  In fact the governing body may entrust the management<br \/>\nof the  school  to  a  Manager  or  to  a  Correspondent  responsible  to  it.<br \/>\nRegulation 21 relates to imposition of minor punishments and the same reads as<br \/>\nunder:-\n<\/p>\n<p>&#8220;21.  Minor Punishments.&#8211;The management may impose any of the following minor<br \/>\npunishment  on  the  said  teacher  or  a member of non-teaching staff for any<br \/>\nirregularity or breach of the code of conduct on the part of the said  teacher<br \/>\nor a member of non-teaching staff.\n<\/p>\n<p>(i)  Censure  (ii)  withholding of increment with or without cumulative effect\n<\/p>\n<p>(iii) Recovery from  pay  to  the  extent  necessary  of  the  monetary  value<br \/>\nequivalent  to  the  amount of increments ordered to be withheld where such an<br \/>\norder cannot be given effect to:\n<\/p>\n<p>Provided the management follows all the procedure as laid  down  for  awarding<br \/>\nmajor punishment and arrives at the decision of awarding a punishment.&#8221;\n<\/p>\n<p>Regulation 22 is relevant for deciding the issue and the same reads as under:-\n<\/p>\n<p>22.  Agreement.&#8211;The management shall enter into an agreement with the teacher<br \/>\nor  a  member  of  non-teaching  staff  in forms given in Annexure VIII if the<br \/>\nappointment is for a period exceeding six months.\n<\/p>\n<p>Three copies of the agreement shall be executed.  One copy shall be  furnished<br \/>\nto  the  teacher  or  a  member of non-teaching staff concerned the other copy<br \/>\nshall be retained by the management and the third copy shall be  forwarded  to<br \/>\nthe Inspector.&#8221;\n<\/p>\n<p>As  per  Regulation  22,  an  agreement shall be executed in the form given in<br \/>\nAnnexure VIII, if the appointment  is  for  a  period  exceeding  six  months.<br \/>\nClause 6 of Annexure VIII reads as under:-\n<\/p>\n<p>&#8220;That  the said teacher shall confirm to all the rules and regulations for the<br \/>\ntime being in force in  the  said  school  and  obey  all  lawful  orders  and<br \/>\ndirections  as  he shall from time to time receive from any authorised officer<br \/>\nof the said school.&#8221;\n<\/p>\n<p>                12.  On a combined reading of the above provisions, it is seen<br \/>\nthat the Board of Matriculation Schools has the  overall  control  as  to  the<br \/>\nmaintenance  of  the  school and also to issue directions from time to time to<br \/>\nthe teachers, and on such directions, the teachers shall confirm to the  same.<br \/>\nThe  power  of  the  management  of  the school to issue the impugned circular<br \/>\nprescribing dress code shall  be  traceable  to  clause  6  of  Annexure  VIII<br \/>\n(Agreement).   In  that  view  of  the matter, we do not find any merit in the<br \/>\ncontention of the learned counsel for  appellant  that  the  respondent-school<br \/>\nmanagement has no power to issue circulars prescribing the dress code.\n<\/p>\n<p>                13.   The  next  question  to  be  considered  is, how far the<br \/>\nimposition of dress code would be reasonable.  As we have emphasised the  need<br \/>\nfor  education and correspondingly the responsibility of a teacher in bringing<br \/>\nup a student to be useful to the nation, we consider that the Court  would  be<br \/>\nvery slow in interfering with the internal administration of the management of<br \/>\nthe school,  more  particularly, in the matter of discipline.  We have already<br \/>\ntraced out the power of the management to issue  circulars  prescribing  dress<br \/>\ncode.  A perusal of the circular reveals that the dress code is uniformly made<br \/>\napplicable to  all  the  teachers.   We do not find any discrimination in this<br \/>\nregard.  Regulation of  a  dress  code  is  only  to  maintain  uniformity  in<br \/>\ndiscipline.   In  the  absence  of any discrimination, we do not find that the<br \/>\ndress  code  could  be  called  as  unreasonable  restriction  warranting  any<br \/>\nchallenge before  this  Court.    Hence,  we  do  not  find  any  merit in the<br \/>\nsubmission of the learned  counsel  for  appellant  that  the  dress  code  is<br \/>\nunreasonable.\n<\/p>\n<p>                14.   The  above  discussion  and  finding do not conclude the<br \/>\nissue.  Mr.D.Hariparanthaman, learned counsel for the appellant submitted that<br \/>\nthe circulars could be made applicable to the teachers only in the  event  the<br \/>\nmanagement  had  entered  into  agreements  with the teachers, as contemplated<br \/>\nunder Regulation 22 of the Regulations.  He would also submit that there  were<br \/>\nno  agreements  entered in the form given in Annexure VIII, and in the absence<br \/>\nof the same, the management cannot issue circulars.  We,  absolutely,  do  not<br \/>\nfind any  merit  in the said submission.  Mr.S.Silambanan, learned counsel for<br \/>\nthe respondentmanagement produced a copy of the appointment  order  issued  to<br \/>\none Mrs.Beryl  Concesso.  It is not in dispute that the management enters into<br \/>\nan agreement with individual teachers on the date of  the  appointment.    The<br \/>\nsaid appointment order is reproduced below:-\n<\/p>\n<p>APPOINTMENT ORDER\/AGREEMENT<\/p>\n<p>Mrs.Beryl Concesso  is  appointed  as  a  temporary teacher in Sir M.  Venkata<br \/>\nSubba Rao Matriculation Higher Secondary School, T.Nagar, Madras-6 00 017  for<br \/>\nthe  academic year 1993-94 on a monthly basic salary of Rs.1200\/- in the scale<br \/>\nof   pay   of    Rs.1200-30-1560-40-2040,    D.A.-Rs.852\/-,    C.C.A.-Rs.70\/-,<br \/>\nH.R.A.-Rs.125\/- with effect from 9th June, 1993.\n<\/p>\n<p>The  appointment is terminable by one month&#8217;s notice or in lieu of one month&#8217;s<br \/>\nsalary on either side without assigning any reason.\n<\/p>\n<p>He\/She will contribute to the Employees&#8217; Provident Fund  as  per  the  act  of<br \/>\n1952, 8.33% of  his\/her basic salary and D.A.  Combined.  His\/Her contribution<br \/>\nwill be deducted from his\/her salary every month.  The  Management  will  also<br \/>\ncontribute  an equal amount to the said fund provided he\/she is in service and<br \/>\ncontinues to do so after 60 days from the date of joining.\n<\/p>\n<p>He\/She will discharge his\/her duties in strict accordance with the  rules  and<br \/>\nregulations of the School.  He\/She will further be required to perform his\/her<br \/>\nduties  in strict accordance with the orders, rules and regulations made\/given<br \/>\nby the Correspondent, Joint  Correspondent  and  Head  Master.    He\/She  will<br \/>\nundertake not to leave in the middle of a term.\n<\/p>\n<p>He\/She will signify his\/her willingness on the copy of this order.\n<\/p>\n<p>He\/She will deposit his\/her original certificates with the school on taking up<br \/>\nhis\/her appointment order.\n<\/p>\n<p>                                                                Sd\/-<\/p>\n<pre>\n                                                        Hon.Correspondent\n\nMrs.Beryl Concesso\nMadras\n\nWitness:                        Agreed to the conditions stated\ntherein.\n\n\n<\/pre>\n<p>Paragraph 4 of the appointment order refers to a clause similar to clause 6 of<br \/>\nAnnexure VIII.    As  per the said paragraph, a teacher is required to perform<br \/>\nthe duties in strict accordance with the orders, rules and regulations made by<br \/>\nthe Correspondent, Joint Correspondent and Head Master of the school.  At  the<br \/>\nbottom  of the appointment order, the teacher is asked to sign agreeing to the<br \/>\nconditions.  When once such conditions are agreed to by  the  teacher,  merely<br \/>\nbecause  an agreement is not entered in the manner known in Annexure VIII, the<br \/>\nteacher can be absolved of any violation or  of  not  obeying  to  the  orders<br \/>\nissued by  the  management  of  the  school.  For the purpose of insistence on<br \/>\nfollowing the dress code, paragraph 4 of the appointment order  is  more  than<br \/>\nsufficient.   That  apart,  there is no dispute that the management had issued<br \/>\nthe circular, which was served on the teachers on their  appointment  and  the<br \/>\nsame was  in  force  for long number of years.  The said circular, prescribing<br \/>\ndress code, was not challenged by the appellant,  though  copies  were  served<br \/>\nunder acknowledgment  on  each  of  the teachers.  The challenge has been made<br \/>\nonly when an amendment is sought to  be  made  by  the  impugned  circular  on<br \/>\n12.2.99.   In  this  background,  we  are  unable  to  find  any  force in the<br \/>\ncontention of the learned counsel for appellant that the amendment  sought  to<br \/>\nbe made  is  only  to  victimise the members of the appellant-Association.  We<br \/>\nfind that no materials were placed, to satisfy ourselves, to sustain the  plea<br \/>\nof victimisation.    A  vague statement of victimisation cannot be a ground to<br \/>\ninterfere with the order, more particularly, when the circular is sought to be<br \/>\nenforced uniformly on all the teachers without any discrimination.   When  the<br \/>\ndress  code  is  insisted  on  each and every teacher without any exception in<br \/>\norder to follow uniformity in discipline, we do not find any  interference  is<br \/>\nrequired in the challenge to the impugned circular.  The dress code introduced<br \/>\nis ultimately  for the interest and welfare of the students.  If the matter is<br \/>\nviewed in the light of the observations made above, no interference is  called<br \/>\nfor in the challenge to the order in the writ petition.\n<\/p>\n<p>                15.   In  regard  to  the  arguments  as  to  the  power  of a<br \/>\nmatriculation school to impose fine, reliance  was  placed  on  Regulation  21<br \/>\nrelating to imposition of minor punishments.  It is true that under Regulation<br \/>\n21,  there  is  no  provision  for  imposition of fine for any irregularity or<br \/>\nbreach of code of conduct on the part of the teachers.  In fact, the  code  of<br \/>\nconduct  for  teachers and other persons employed in a matriculation school is<br \/>\ndetailed under Appendix-VII of the Regulations.  Imposition of dress  code  is<br \/>\nnot one of the code of conduct enumerated thereunder.  However, we have traced<br \/>\nthe  power  of the management to enforce dress code, by issuance of directions<br \/>\nin order to maintain uniform discipline, to clause 6 of Annexure VIII  of  the<br \/>\nRegulations.   When  the  management  of  the  school  is  empowered  to issue<br \/>\ndirections to the teachers to be followed, the necessary  corollary  would  be<br \/>\nthat,  for  non  compliance  of such directions, the management is entitled to<br \/>\ntake action.  We find that fine is one of the modes of imposition  of  penalty<br \/>\non the students for violation of the disciplinary regulations.  Of course, the<br \/>\nlearned  counsel  for  appellant  is right in contending that in the event the<br \/>\ndirections are not  followed,  the  management  may  be  at  liberty  to  take<br \/>\ndisciplinary action.    In  view  of  the fact that the overall control of the<br \/>\nschool shall vest with the management as per Regulation  3  coupled  with  the<br \/>\npower  under  clause 6 of Annexure VIII of the Regulations, we do not find any<br \/>\nirregularity in imposing fine on the teachers for violation of the  directions<br \/>\nissued in  respect  of  the dress code.  For the said reason, we are unable to<br \/>\naccept the challenge to the impugned order imposing fine for non compliance of<br \/>\nthe directions issued by way of circulars in regard to the dress code.\n<\/p>\n<p>                16.  For the foregoing reasons and also in view  of  the  fact<br \/>\nthat  the  teachers  are  entrusted with not only teaching subjects prescribed<br \/>\nunder the syllabus, but also entrusted with the duty of inculcating discipline<br \/>\namongst the students, they should set high standards of discipline and  should<br \/>\nbe a role model for the students.  We have elaborately referred to the role of<br \/>\nteachers in the earlier portion of the order.  Dress code, in our view, is one<br \/>\nof  the  modes  to  enforce discipline not only amongst the students, but also<br \/>\namongst the teachers.  Such imposition of dress  code  for  following  uniform<br \/>\ndiscipline  cannot  be  the  subject  matter  of  litigation  that too, at the<br \/>\ninstance  of  the  teachers,  who  are  vested  with  the  responsibility   of<br \/>\ninculcating discipline  amongst the students.  The Court would be very slow to<br \/>\ninterfere in the matter of discipline imposed by the management of the  school<br \/>\nonly on  the  ground that it has no statutory background.  That apart, we have<br \/>\nheld that the management of the respondent  school  had  the  power  to  issue<br \/>\ncirculars in  terms  of clause 6 of Annexure VIII of the Regulations.  In that<br \/>\nview of the matter also, we are unable to accept the contention of the learned<br \/>\ncounsel for appellant in questioning the circular  imposing  penalty  for  not<br \/>\nadhering to the dress code.\n<\/p>\n<p>                17.   In the result, we find absolutely no merit in any of the<br \/>\nchallenges made before us.  Accordingly, the writ appeal fails and the same is<br \/>\ndismissed.  No costs.\n<\/p>\n<p>Index:  yes<br \/>\nInternet:  yes<\/p>\n<p>ss<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Madras High Court Sir M.Venkata Subba Rao vs Sir M.Venkata Subba Rao on 10 February, 2004 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10\/02\/2004 CORAM THE HONOURABLE MR.JUSTICE N.DHINAKAR AND THE HONOURABLE MR.JUSTICE D.MURUGESAN Writ Appeal No.661 of 2000 Sir M.Venkata Subba Rao Matriculation Higher Secondary School Staff Association rep. by its Secretary [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,13],"tags":[],"class_list":["post-17350","post","type-post","status-publish","format-standard","hentry","category-high-court","category-madras-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Sir M.Venkata Subba Rao vs Sir M.Venkata Subba Rao on 10 February, 2004 - Free Judgements of Supreme Court &amp; 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