Madras High Court
The Secretary vs K.Thirunavakarasu Mudaliar on 17 April, 2021
W.A.No.443 of 2017
IN THE HIGH COURT OF JUDICIATURE AT MADRAS
DATED : 17.04.2021
CORAM :
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE P.T.ASHA
W.A. No.443 of 2017 and
C.M.P. No.6697 of 2017
The Secretary,
Ambalavanar Araporuppu Ayam,
Walajabad, Kancheepuram District. ... Appellant
versus
1.K.Thirunavakarasu Mudaliar
2.Government of Tamil Nadu,
rep. by the Secretary to Government,
School Education Department,
Secretariat, Chennai.
3.The Director of School Education,
Chennai-600 006.
4.The Chief Educational Officer,
Kancheepuram.
5.The District Educational Officer,
Kancheepuram.
6.The Joint Director of School Education
(Higher Secondary),
D.P.I. Compound, Nungambakkam,
Chennai-600 006. ... Respondents
(R6 impleaded vide Court order dated 08.04.2019 made in C.M.P.
No.3331 of 2018 by TSSJ & VBSJ in W.A. No.443 of 2017)
1/6
https://www.mhc.tn.gov.in/judis/
W.A.No.443 of 2017
Prayer: Appeal filed under Clause 15 of the Letters Patent to set
aside the order dated 05.01.2017 made in W.P. No.43853 of 2016.
For Appellant : Mr.P.Ebenezer Paul
For Respondents : Mr.C.B.Muralikrishnan for R1
Mr.K.Magesh (Edn.),
Special Government Pleader
for R2 to R6
JUDGMENT
(Judgment of this Court was delivered by T.RAJA,J.)
This writ appeal has been filed against the order dated
05.01.2017 made in W.P. No.43853 of 2016.
2.Assailing the impugned order, learned counsel appearing for
the appellant submitted that when the above writ petition was filed
by the first respondent seeking a direction to respondents 2 to 4
therein to take immediate steps to include him or other member of
the Founders Family to the Trust Board of the Trust and School
Committee in the light of the order dated 08.02.2016 passed by the
Hon'ble Apex Court in S.L.P. (C) No.13055 of 2012 in C.A. No.968
of 2016 by considering his representation dated 22.09.2016, the
same was disposed of directing the second respondent/the Director
of School Education, Chennai to consider his representation dated
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W.A.No.443 of 2017
22.09.2016, after giving notice to all the parties including the writ
petitioner's sister and the fifth respondent/the appellant herein.
When a similar representation given by the sister of the writ
petitioner, was already rejected vide impugned Proceedings dated
23.08.2016 by the Joint Director of School Education/sixth
respondent herein on the basis of the order dated 08.02.2016
passed by the Hon'ble Apex Court in Civil Appeal No.968 of 2016 in
Special Leave Petition (C) No.13055 of 2012, suppressing the above
facts, the above writ petition was moved as if there was no order
passed by the respondents.
3.In support of his submission, learned counsel for the
appellant, drawing our notice to the Proceedings dated 23.08.2016
passed by the Joint Director of School Education, Higher Secondary,
submitted that when the Joint Director of School Education, who is
the competent authority, had already rejected the representation
dated 03.06.2011 given by Renuka/sister of the writ petitioner, yet
another direction obtained by the writ petitioner to consider his
representation dated 22.09.2016 by the Director of School
Education is un-justified and impermissible in law in as much as the
Joint Director of School Education alone is the competent authority
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W.A.No.443 of 2017
who had already passed an order. Learned counsel for the appellant
further contended that when the sister of the writ petitioner filed
W.P. No.17527 of 2011 seeking an order to grant approval of the
School Committee for the period from 06.03.2011 to 05.03.2014,
this Court, allowing the said writ petition by order dated
19.03.2012, setting aside the order dated 04.07.2011 passed by
the District Educational Officer, Kancheepuram, remitted back the
matter to the District Educational Officer, Kancheepuram to
re-consider the matter after taking into account the representation
given by the sister of the writ petitioner. Aggrieved thereby, the
appellant filed W.A. No.794 of 2012 and the same was dismissed as
infructuous by judgment dated 03.11.2014. Pursuant to the same,
when Civil Appeal No.968 of 2016 in Special Leave (C) No.13055 of
2012 was filed by the appellant, the Hon'ble Apex Court, by order
dated 08.02.2016 modifying the order dated 09.02.2012 in W.A.
No.2392 of 2011 passed by the Division Bench of this Court,
remitted the matter back to the authority concerned to take
appropriate decision, after giving reasonable opportunity to the
parties concerned. Since the Joint Director of School Education has
rightly rejected the representation of the sister of the writ petitioner
by RC No.101903/W4/S3/2011 dated 23.08.2016, after giving
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W.A.No.443 of 2017
notice to all the parties concerned including the writ petitioner's
sister Renuka and the fifth respondent/appellant herein, this vital
aspect was not brought to the notice of the learned Single Judge.
Therefore, the impugned order dated 05.01.2017 passed by the
learned Single Judge is liable to be set aside by allowing the writ
appeal.
4.We find merits on the submission made by the learned
counsel for the appellant. When the the representation dated
03.06.2011 given by Renuka/sister of the writ petitioner has already
been rejected by the Joint Director of School Education, on the basis
of the order dated 08.02.2016 passed by the Hon'ble Apex Court in
Civil Appeal No.968 of 2016 in Special Leave (C) No.13055 of 2012,
the impugned order dated 05.01.2017 passed by the learned Single
Judge directing the Director of School Education, Chennai to
consider the writ petitioner's similar representation as that of his
sister dated 22.09.2016 is un-justified and un-sustainable in law.
Therefore, we are inclined to set aside the same. Accordingly, the
impugned order is set aside and the writ appeal stands allowed.
Consequently, C.M.P. No.6697 of 2017 stands closed. No costs.
[T.R.,J] [P.T.A.,J]
17.04.2021
vga
https://www.mhc.tn.gov.in/judis/
W.A.No.443 of 2017
T.RAJA,J.
and
P.T.ASHA,J.
vga
To
1.Government of Tamil Nadu,
rep. by the Secretary to Government,
School Education Department,
Secretariat, Chennai.
2.The Director of School Education,
Chennai-600 006.
3.The Chief Educational Officer,
Kancheepuram.
4.The District Educational Officer,
Kancheepuram.
5.The Joint Director of School Education
(Higher Secondary),
D.P.I. Compound,
Nungambakkam,
Chennai-600 006.
W.A.No.443 of 2017
17.04.2021
https://www.mhc.tn.gov.in/judis/
