1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23.09.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.10862 of 2011 and M.P.(MD)No.1 of 2011 Thangaraj, President, Hindu Aided School, Kodangipatti, Vedachandur (via), Dindigul District. :Petitioner -Vs- 1.The Chief Educational Officer, Dindigul. 2.The District Educational Officer, Dindigul. 3.The District Elementary Educational Officer, Dindigul. 4.The Assistant Elementary Educational Officer, Ottachatiram. 5.Ranuka Devi, Secretary, Hindu Aided School, Kodangipatti, Dindigul District. 6.V.M.Balasubramaniam :Respondents PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing respondents 1 to 4 to conduct enquiry on the petitioner's representation dated 04.07.2011 and not to give approval to the committee by the fifth respondent, by selecting the sixth respondent as President of the School Committee. For Petitioner : Mr.S.Thamizharasan For Respondents 1to4: Mr.S.Chandrasekar,Government Advocate ORDER The petitioner claiming himself to be the erstwhile and continuing President of the School Committee of Hindu Aided School, Kodangipatti, has come forward with the present Writ Petition for a Mandamus, directing respondents 1 to 4 to conduct an enquiry on his representation dated 04.07.2011 and not to give approval to the Committee said to have been constituted in the meeting held on 27.05.2011. 2.According to the petitioner, he was elected as the President of the School Committee and approval has also been granted by the Educational Authorities. The validity of the School Committee expired on 31.05.2011. It is the further contention of the petitioner that no such meeting was convened on 27.05.2011 and that the procedures contemplated under the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973 and the rules framed thereunder were not followed. It is also the specific averment of the petitioner that one Mr.V.M.Balasubramaniam, who has been elected as the President, was not even a member of the School Committee, on earlier occasion. Further, the petitioner, in his representation dated 04.07.2011, addressed to the District Elementary Educational Officer, Dindigul, has stated that the Secretary of the School Committee was earlier working in Kodangipatti Branch Post Office and for certain irregularities, she had been suspended on 13.10.2010. It is the case of the petitioner that a person suspended from Government service cannot be appointed as Secretary of a School Committee. 3.Though the resolution reads that as if the petitioner had volunteered to relinquish the post of President of the School Committee on 27.05.2011, the petitioner, in the supporting affidavit and the representation stated supra, has asserted that he has not given any consent to withdraw from Presidentship of the School Committee. https://hcservices.ecourts.gov.in/hcservices/ 2 4.The learned counsel for the petitioner further submitted that in order to elect the said Mr.V.M.Balasubramaniam, the sixth respondent herein as President, inclusion has been made in the minutes of the meeting alleged to have been convened on 27.05.2011. In the above said circumstances, the petitioner has come forward with the present Writ Petition for a Mandamus as stated supra. 5.Having regard to the averments made in the supporting affidavit, he also prayed for an interim injunction restraining respondents 3 and 4 from approving the proposal submitted by the School for approval of the School Committee. 6.Considering the limited relief sought for, Mr.S.Chandrasekar, learned Government Advocate was put on notice and heard. He submitted that the representation dated 04.07.2011, if not considered earlier, would be disposed of in accordance with law. His submission is placed on record. 7.Heard the learned counsel for the parties and perused the materials available on record. 8.Material on record shows that vide proceedings in Mu.Mu.No.4090/08/A2, dated 24.10.2008, the District Elementary Educational Officer, Dindigul has approved the constitution of the School Committee in Kodangipatti Hindu Aided School for the period from 01.08.2008 to 31.05.2011. Perusal of the same shows that the petitioner was elected as the President of the Committee. 9.Though the learned counsel for the petitioner has sought for an interim injunction, restraining respondents 3 and 4, the Educational Authorities, from approving the School Committee proposed by the fifth respondent, at this juncture, injunction cannot be granted, for the reason that it would be amounting to pre-judging the issue, without providing an opportunity to the fifth respondent and Mr.V.M.Balasubramaniam, the sixth respondent herein, who is stated to have been elected as the President in the meeting said to have been convened on 27.05.2011. The averments in the supporting affidavit and the representation dated 04.07.2011 have to be addressed only by the Educational Authorities, as it involves scrutiny of records, as to whether there was any such meeting convened on 27.05.2011. It is also for the Educational Authorities to ascertain as to whether the procedure contemplated under the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973 r/w Rules, 1974 has been duly followed or not However, the allegation of the petitioner that the Secretary of the School Committee is a suspended employee of Kodangipatti Branch Post Office and that she has no locus to be appointed as a Secretary of the School Committee, deserves consideration. Needless to say that the Secretary of a School Committee is like an Officer of the private school, who carries out the decisions of the School Committee, which has the following functions: (a)to carry on the general administration of the private school excluding the properties and funds of the private school; (b)to appoint teachers and other employees of the private school, fix their pay and allowances and define their duties and the conditions of their service; and (c)to take disciplinary action against teachers and other employees of the private school. https://hcservices.ecourts.gov.in/hcservices/ 3 10.In such view of the matter, the District Elementary Educational Officer, Dindigul, the third respondent herein is directed to enquire into the averments made in the representation dated 04.07.2011, if the same is acknowledged and still pending on the file of the above said authority and also provide an opportunity to the fifth and sixth respondents and pass appropriate orders on merits and in accordance with the statutory provisions. While doing so, the said authority is further directed to call for the records, peruse the same as to whether the constitution of the School Committee has been done as per the statutory provisions. The above said exercise shall be completed, within a period of eight weeks from the date of receipt of a copy of this order. 11.With the above directions, the Writ Petition is disposed of Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar (T&P) / TRUE COPY / Sub Assistant Registrar To: 1.The Chief Educational Officer, Dindigul. 2.The District Educational Officer, Dindigul. 3.The District Elementary Educational Officer, Dindigul. 4.The Assistant Elementary Educational Officer, Ottachatiram. +1CC to Mr.S.Thamizharasan, Advocate. SR.No.32945. SML RP/27.09.2011/3P/6C. Order made in W.P.(MD).No.10862 of 2011 Dated:- 23.09.2011 https://hcservices.ecourts.gov.in/hcservices/