IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.03.2010 CORAM: THE HON’BLE MR. JUSTICE K.CHANDRU W.P.No.5475 of 2010 & M.P.No.1 of 2010 A.S.GANDHI [ PETITIONER ] Vs 1 THE SECRETARY TO THE GOVERNMENT OF TAMILNADU DEPARTMENT OF EDUCATION ST.GEORGE FORT, SECRETARIATE CHENNAI-9 2 THE DIRECTOR DIRECTORATE OF ELEMENTARY EDUCATION DPI CAMPUS , COLLEGE ROAD CHENNAI-6 3 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER DISTRICT ELEMENTARY EDUCATIONAL OFFICE NAGAPATTINAM 4 THE ADDITIONAL ASSISTANT ELEMENTARY EDUCATIONAL OFFICER ASSISTANT ELEMENTARY EDUCATIONAL OFFICE VEDARANIYAM 5 THE MANAGER M/S MAHATMA GANDHI AIDED MIDDLE SCHOOL AYAKKARANPULAM -II POST 614 707 VEDARANIYAM TALUK NAGAPATTINAM DISTRICT 6 MRS.A.KALYANI HEADMISTRESS M/S MAHATMA GANDHI AIDED MIDDLE SCHOOL AYAKARANPULAM-II POST VEDARANIYAM TALUK NAGAPATTINAM DISTRICT [ RESPONDENTS ] https://hcservices.ecourts.gov.in/hcservices/ Prayer : Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for the records of the III respondent vide proceedings Na.Ka.No.1590/A5/08 dated 30.4.2009 and V respondent vide proceedings Na.Ka.No.17/2009 dated 31.3.2009 quash the same and consequently direct the III respondent to recover the salary granted to the VI respondent and pass such further order or other orders as this Honourable court may deem fit. For Petitioner :: Mr.N.Balasubramanian For Respondents :: Mr.K.H.Ravi Kumar O R D E R The very same petitioner, who filed W.P.No.5438 of 2010 pleading for taking over of the 5th respondent School management by the Government has come forward with the second Writ Petition seeking for a direction to the official respondents 1 to 4 to recover the salary paid to the 6th respondent from 17.4.1984. 2. According to the petitioner, while the 6th respondent was appointed as Headmistress of the 5th respondent School, no prior approval had been obtained for the post and the Rules under the Tamil Nadu Recognised Private Schools (Regulation) Rules have not been followed. Since prior approval was not obtained, her continuation in the administration and her subsequent retirement cannot be permitted. Therefore, the amount of money paid by the Government towards her employment should be recovered either from the 6th respondent or from the 5th respondent or from any third party or from the Government Officer, who granted approval and the amount should be deposited to the Government properly. Inasmuch as the Secretary to the Government employer to initiate appropriate action, the petitioner sent a representation dated 18.5.2009. It is this effect failing which, he has come forward to file the present Writ Petition. 3. As already passed by this Court in the earlier Writ Petition, the petitioner's paternal Uncle is the 5th respondent and he has grievance over the management of the School. In this process, he has come forward to file the present Writ Petition. The averments contained in the Writ Petition do not show any public interest. On the contrary, it only projects the petitioner's grievance to get the post of Headmaster of the said School, failing which he has gone to the extent of seeking for a direction to take over the School. Such a private grievance cannot be ventilated in the guise of public interest. If this petitioner has been working from 1984 onwards, nothing prevented the petitioner from complaining to the authorities for the last 26 years. The Writ Petition contains only the desperation of the petitioner in somehow giving https://hcservices.ecourts.gov.in/hcservices/ trouble to the 5th respondent. This Court is not inclined to entertain the Writ Petition as an additional weapon in the hands of the petitioner in conducting his fratricidal war against his Uncle, who is a Correspondent of the School. Such battle should be conducted elsewhere and the power of this Court under Article 226 of the Constitution of India cannot be misused for such purpose. Hence, the Writ Petition stands dismissed. No costs. The connected Miscellaneous Petition stands closed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. ajr To 1 THE SECRETARY TO THE GOVERNMENT OF TAMILNADU DEPARTMENT OF EDUCATION ST.GEORGE FORT, SECRETARIATE CHENNAI-9 2 THE DIRECTOR DIRECTORATE OF ELEMENTARY EDUCATION DPI CAMPUS,COLLEGE ROAD, CHENNAI-6 3 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER DISTRICT ELEMENTARY EDUCATIONAL OFFICE, NAGAPATTINAM 4 THE ADDITIONAL ASSISTANT ELEMENTARY EDUCATIONAL OFFICER ASSISTANT ELEMENTARY EDUCATIONAL OFFICE VEDARANIYAM 5 THE MANAGER M/S MAHATMA GANDHI AIDED MIDDLE SCHOOL AYAKKARANPULAM -II POST 614 707 VEDARANIYAM TALUK NAGAPATTINAM DISTRICT 1 cc to Mr.N. Balasubramaniam, Advocate, SR. 18139 1 cc to Government Pleader, Sr. 18560 W.P.No.5475 of 2010 TRM (CO) kk 7/4 https://hcservices.ecourts.gov.in/hcservices/