1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.12.2011 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(Md)No.4764 of 2011, M.P.(Md)Nos.1 and 2 of 2011 and Cont.P.(Md)No.471 of 2011 Zamindarini Kamulammal Memorial Higher Secondary School, Periandavar High Road,Bodinayakanur 625 513 Theni District. Rep. By its Secretary, Mr.S.Ayyapparajan ...Petitioner in W.P.(Md)No.4764/2011 and Cont.P.(Md)No.471/2011 Vs. The District Educational Officer, Uthamapalayam,Theni District. ...Respondent in W.P.(Md)No.4764/2011 K.Parvathi The District Educational Officer, Uthamapalayam,Theni District. ...Respondent in Cont.P.(Md)No.471/2011 Writ Petition preferred under Article 226 of the Constitution of India praying for the issue of a writ of Certiorarified mandamus, calling for the records pertaining to the passing of the impugned order dated 18.04.2011 in O.Mu.No.928/A3/2011 by the respondent and quash the same and consequently direct the respondent to accord approval for the extension of the tenure of the Secretary and the School Committee, by One year from 25.02.2011 to 24.02.2012 as sought for by the petitioner school, by their letter dated 25.03.2011. Contempt Petition filed under Section 11 of the Contempt of Courts Act 1971 to punish the respondent/contemnor for her continued defiant and willful disobedience of the order dated 26.04.2011 passed by this Hon'ble Court in M.P.(Md)No.1 of 2011 in W.P.(MD)No.4764 of 2011. For Petitioner : Mr.Rathina Asohan in W.P.(Md)No.4764/2011 and Cont.P.(Md)No.471/2011 For Respondents : Mr.TS.Md.Mohideen,AGP in W.P.(Md)No.4764/2011 and Cont.P.(Md)No.471/2011 C O M M O N O R D E R The contempt petition arose out of an interim order passed by this Court in M.P.(MD)No.1 of 2011 in W.P.(MD)No.4764 of 2011 dated 26.04.2011. 2. The writ petition was filed challenging the order dated 18.04.2011 wherein and by which, the District Educational Officer, https://hcservices.ecourts.gov.in/hcservices/ 2 Uthamapalayam, informed the petitioner that there was no provision for extension of the School committee and the Secretary for a tenure of one year only. If the School Management is aggrieved by the order, it can file an appeal before the Director of School Education. 3. The writ petition was admitted on 26.04.2011. Pending the writ petition, this Court granted an interim injunction on the same day. It is the disobedience of the said order, the contempt petition came to be filed. On noticing that the contempt petition arose out of an interim order passed by this Court, the main writ petition itself was directed to be listed before this Court. 4. It is seen from the records that the petitioner school is run by Memorandum of Association and Articles of Association as it is registered under the Companies Act. It is the admitted case of the parties that the School Committee of the petitioner's school which was constituted on 25.02.2008 was approved by the Department for a period of three years and the term came to an end on 24.02.2011. Thereafter, the General Body of the Educational Agency met and passed a resolution to extend the tenure of School Committee for a period of one year in view of the fact that several construction activities including the commercial complex has to be finished and inaugural function was to be done with the presidentship of Dr.APJ.Abdul Kalam, former President of India. When this resolution was forwarded to the respondent, the respondent passed the impugned order stating that such an approval cannot be granted. By an order dated 06.04.2011, the District Elementary Educational Officer, Theni permitted the renewal for a period of one year upto 24.02.2012, but however, the District Educational Officer, Uthamapalayam held that the period of School Committee has come to an end on 24.02.2011. As per Rule 12(2) of the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974 the term of office of the Committee is for a period of three years. Therefore, there is no provision for grant of the tenure for the school committee by a curtailed term. Challenging the communication, the writ petition came to be filed. 5. Therefore, the only question to be decided is whether the impugned communication is in accordance with the Rules framed under the Act. Under Section 15 of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 every private school should have a duly constituted school committee. The school committee so constituted shall exercise powers under Section 16(1) of the Act. Under Rule 12, every educational agency should constitute a school committee in terms of Rule 12(2). Rule 12(2) states that the term of office of the Committee shall be three years but the members of the Committee are eligible for renomination. Therefore, there was no illegality in the order passed by the respondent. The petitioner cannot curtail the terms of the members of the school committee contrary to the Rules. The order passed by the District Elementary Educational Officer, Theni is not commensurate with the provisions of the Act. The observation that there is no prohibition under the Rules and that the word shall, ordinarily, be three years found in Rule 12(2) and it is not mandatory to have only three years and it could also be less than two years also does not stand to reason since Rule 12(2) of the Rules clearly says that it shall be for a period of three years and provide for renomination of the existing members. https://hcservices.ecourts.gov.in/hcservices/ 3 6. In view of the above, there is no case made out to interfere with the impugned order. Accordingly W.P.(MD)No.4764 of 2011 stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 7. In view of the dismissal of the writ petition, this Court is not persuaded to pursue the contempt against the respondent. Hence, Contempt Petition (MD) No.471 of 2011 stands dismissed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To The District Educational Officer, Uthamapalayam,Theni District. SVKI PJR:20.03.2012:3p/2c W.P.(Md)No.4764 of 2011 and Cont.P.(Md)No.471 of 2011 Dated:23.12.2011 https://hcservices.ecourts.gov.in/hcservices/