1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(md).No.9740 of 2011 and MP(MD)No.1 of 2011 Sengunthar Kalvi Abiviruthi Sangam, A Society registered under the Tamil Nadu Societies Registration Act, rep. By its President, S.Sivanandam, Thuraiyur, Trichy District. : Petitioner Vs. 1.The Chief Educational Officer, Syed Murtuzah Higher Secondary School complex, Madurai Road, Trichirappalli. 2.The District Educational Officer, Musiri, Trichy District at Government Girls' Higher Secondary School, Musiri, Trichy District. 3.K.Kannan, Teacher, Thuraiyur, Trichy District. : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to grant necessary approval to the petitioner for the extension of the period of suspension on the 3rd respondent from 03.07.2011 to 03.09.2011 to enable the school committee for conducting enquiry against the 3rd respondent according to law. For Petitioner :Mr.V.Singan For Respondents:Mr.S.Chandrasekar for Government Advocate ORDER On 03.05.2011, the School Committee of Sengunthar Higher Secondary School passed a resolution, for suspending the third respondent from service, on the ground that he is acting against the interests of the institution, welfare of the students and also breach of code of conduct prescribed by the school. 2.Pursuant to the same, charges were framed on 03.05.2011. Thereafter, the petitioner, school has passed a resolution extending the period of suspension, for a further period of two months, after the initial period of two months calculated, from 03.05.2011. 3.As per the provisions of the Tamil Nadu Recognised Private Schools Regulation Act, 1973 and the rules framed thereunder, the Chief Educational Officer, Tiruchirapalli is the competent authority to grant https://hcservices.ecourts.gov.in/hcservices/ 2 permission for extension of the period of suspension for another period of two months calculated from 03.07.2011. Accordingly, a letter dated 28.06.2011 has been sent to the first respondent, seeking permission. Sofar, there is no response and therefore, the petitioner is constrained to approach this Court for a mandamus, directing the Chief Educational Officer, Tiruchirapalli, the first respondent herein to grant necessary approval to the petitioner school for extension of the period of suspension, from 03.07.2011 to 03.09.2011, so as to enable the school committee to conduct and complete the enquiry into charges framed against the third respondent. 4.Considering the limited relief sought for, the District Educational Officer, Trichy District/the second respondent herein is directed to pass orders on the representation dated 28.06.2011 submitted by the School Committee for extension of suspension, on merits and in accordance with the provisions of the Tamil Nadu Recognised Private Schools Regulation Act, 1973 and rules framed thereunder, after, issuing notice to the third respondent teacher also. The said exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order. 5.This Writ Petition is ordered accordingly. Consequently, connected M.P.No.1 of 2011 is closed. No costs. Sd/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar To 1.The Chief Educational Officer, Syed Murtuzah Higher Secondary School complex, Madurai Road, Trichirappalli. 2.The District Educational Officer, Musiri, Trichy District at Government Girls' Higher Secondary School, Musiri, Trichy District. Vs SR : 29.08.2011 : 2p/3c W.P.(MD)No.9740 of 2011 and MP(MD)No.1 of 2011 26.08.2011 https://hcservices.ecourts.gov.in/hcservices/