REGINA versus ST. ALOYSIUS HIGHER ELEMENTARY SCHOOL & ANR.

REGINA versus ST. ALOYSIUS HIGHER ELEMENTARY SCHOOL & ANR.

Part II Rules framed and published in the Gazette in 1939 under the Madras Elementary Education Act, 1920, are not statutory rules made under s. 56, but administrative instructions. These rules do not confer enforceable rights on teachers against the management and do not override the contract of employment between management and teachers. Enforcement of these rules is a matter between the Government and the school management, not a basis for private action by an aggrieved teacher.

Parties
Appellant: Kumari Regina; Respondent: St. Aloysius Higher Elementary School & Anr.
Jurisdiction
India
Judgment Date
16 March 1971
Procedural Posture
Civil Appeal / Appeal by Special Leave From Mysore High Court, Second Appeal No. 235 of 1960
Outcome
Appeal dismissed
Legal Topics
Statutory Rules Vs. Administrative Instructions, Recognition and Aid to Educational Institutions, Contract of Employment, Master and Servant Relationship
Education Law Administrative Law Employment Law Statutory Rules Vs. Administrative Instructions Recognition and Aid to Educational Institutions Contract of Employment Master and Servant Relationship

Case Brief

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Parties

Kumari Regina

Appellant

St. Aloysius Higher Elementary School & Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Mysore High Court, Second Appeal No. 235 of 1960

Legal Issues

  1. 1 Whether rules framed under the Madras Elementary Education Act, 1920, Part II, are statutory rules enforceable by a school employee against the management.
  2. 2 Whether an order by educational authorities under such rules is binding on the management and creates enforceable rights for teachers.

Ratio Decidendi

Part II Rules framed and published in the Gazette in 1939 under the Madras Elementary Education Act, 1920, are not statutory rules made under s. 56, but administrative instructions. These rules do not confer enforceable rights on teachers against the management and do not override the contract of employment between management and teachers. Enforcement of these rules is a matter between the Government and the school management, not a basis for private action by an aggrieved teacher.

Court Disposition

Appeal dismissed

Orders

  • Suit by the appellant is misconceived and dismissed; no order as to costs.