1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.11425 of 2011 Sri Pathirakaliamman Trust, rep. By its President P.Gurusamy, Vairavi Kinaru, Koodankulam Post, Tirunelveli District. ... Petitioner Vs. 1.The District Elementary Educational Officer, Tirunelveli. 2.The Assistant Elementary Educational Officer, Radhapuram, Tirunelveli District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, to direct the first respondent to approve the appointment of Mr.B.Suyambu as the Secretary of the School Committee of Bharath Middle School, Vairavi Kinaru, Tirunelveli District run by the petitioner trust by considering the proposal made by the petitioner dated 16.08.2011. For petitioner : Mr.C.Panneerselvam for M/s.C.S.Associates For Respondents : Mr.S.Chandrasekar Government Advocate O R D E R Sri Pathrakaliamman Trust, an Educational Agency, represented by the President, Mr.P.Gurusamy, Vairavi Kinaru, Koodankulam Post, Tirunelveli District, which runs a middle school namely Bharath Middle School, has sought for a mandamus directing the District Elementary Educational Officer, Tirunelveli, to approve the appointment of B.Suyambu by considering the proposal made by the petitioner dated 16.08.2011. 2.According to the petitioner, the tenure of the school committee, has ended on 14.08.2011. A criminal case has been registered against one Mr.R.D.Lingam, Former Secretary of the school committee under Sections 342, 294(b) and 506(ii) of I.P.C on the file of the Valliyoor Police Station. The approval of the school committee constituting with the secretaryship of R.D.Lingam was refused by the Education Committee and the said refusal order came to be challenged in W.P.No.11122 of 2008 and this Court, vide order dated 10.12.2008, allowed the writ petition, https://hcservices.ecourts.gov.in/hcservices/ 2 directing the respondents therein to approve the school committee. Pursuant to which, the school committee was approved by the department on 23.02.2009 for the period during 15.08.2008 to 14.08.2011. Even before the completion of the tenure, the management constituted a school committee for the period from 15.08.2011 to 14.08.2014 and that proposal was submitted for approval on 16.08.2011 to the first respondent. The first respondent has not considered the same and passed any orders. 3.The contention of the petitioner is that as per the Tamil Nadu Recognised Private Schools (Regulation) Act and the rules framed thereunder, the schools should be administered only by the school committee. Since the tenure of earlier school committee has been ended, the new committee, for want of approval, is not able to discharge its function. In such circumstances, prayed for writ of mandamus. 4.Considering the above facts and circumstances, learned Government Advocate, Mr.Chandrasekar, who was put on notice, submitted that if the proposal dated 16.08.2011 has been received in the office of the District Elementary Educational Officer, Tirunelveli, appropriate orders would be passed as per the Tamil Nadu Recognised Private Schools (Regulation) Act and the Rules framed thereunder. His submission is placed on record. Heard the learned counsel for the parties, perused materials on record. 5.As rightly contended by the learned counsel for the petitioner, the school committee is exercising, important functions in the matter of administration of the educational Institution. Section 18 of Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and the rules framed thereunder dealt with the functions of school committee and it reads as follows: Functions of School Committee and responsibility of educational agency under the Act:(1)subject to the provisions of this Act and the Rules made thereunder, the School Committee shall have the following functions, namely- 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. (2)The educational agency shall be bound by anything done by the School Committee in the discharge of the functions of that Committee under this Act. (3)For the purposes of this Act, any decision or action taken by the School Committee in respect of any matter over which the School Committee has jurisdiction shall be deemed to be the decisions or action taken by the educational agency.” 6.As rightly contended by the learned counsel for the petitioner, in the absence of a school committee, there would be difficult in administration of the schools like admission, taking of disciplinary https://hcservices.ecourts.gov.in/hcservices/ 3 action, fixation of pay etc., In such view of the statutory provision, it is the duty of the first respondent to consider the proposal one way or other by considering the proposal in accordance with the statutory provision. As there is failure on the part of the first respondent to consider the proposal, this Court is inclined to direct the first respondent herein to consider the proposal of the petitioner dated 16.08.2011, for approval of the school committee for the period from 15.08.2011 to 14.08.2014, if the proposal dated 16.08.2011 has already been acknowledged and pending consideration. The above said exercise shall be completed as expeditiously as possible, not later than one month from the date of receipt of a copy of this order. 7.The Writ Petition stands ordered accordingly. No costs. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar (C.S) To 1.The District Elementary Educational Officer, Tirunelveli. 2.The Assistant Elementary Educational Officer, Radhapuram, Tirunelveli District. + 1 cc to The Special Government Pleader, SR No.34720 W.P.(MD).No.11425 of 2011 30.09.2011 vs RJ/31.10.11 3p/4c https://hcservices.ecourts.gov.in/hcservices/