Madras High Court
M.Lal Bahadur Kennedy vs The Director Of Elementary ... on 16 December, 2021
W.P.(MD).No.15794 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.12.2021
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
W.P.(MD).No.15794 of 2021
and
W.M.P(MD).Nos.15667 and 12725 of 2021
M.Lal Bahadur Kennedy ... Petitioner
Vs.
1.The Director of Elementary Education,
O/o. The Director of Elementary Education,
DPI Campus, College Road,
Chennai.
2.The Chief Educational Office,
O/o. The Chief Educational Office,
Sena.Vana.Government Higher Secondary School Campus,
Tuticorin.
3.The Chief Educational Officer,
O/o. The Chief Educational Officer,
ICI Government Higher Secondary School,
Tenkasi,
Tenkasi District.
4.The District Educational Office,
O/o.the District Educational Office,
Kovilpatti Educational District,
VOC Government Higher Secondary School Campus,
Kovilpatti,
Tuticorin District.
https://www.mhc.tn.gov.in/judis
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W.P.(MD).No.15794 of 2021
5.The District Educational Office,
O/o.the District Educational Office,
Thoothukudi Educational District,
Having Office at Pudhukottai,
Tuticorin.
6.The District Educational Office,
O/o.the District Educational Office,
Sankarankovil Educational District,
Gomathi Government Higher Secondary School Campus,
Sankarankovil,
Tenkasi District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, forbearing the respondents 1 to
6 from insisting upon the approval to post of Secretary cum Correspondent for
the Minority Schools run by the Kovilpatti Tamil Baptist Schools Association.
For Petitioner : Mr.T.Lajapathi Roy
For R-1 to R-6 : Mr.S.Kameswaran,
Government Advocate.
For R-7 : Mr.Vinoharan
ORDER
The Writ Petition has been filed in the nature of Mandamus
seeking a restraint against the respondents 1 to 6 from insisting upon the
approval for the post of Secretary cum Correspondent for the Minority Schools
run by the Kovilpatti Tamil Baptist Schools Association.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.15794 of 2021
2. In the affidavit filed in support of the Writ Petition, it had been
stated that the writ petitioner, is a member of the Kovilpatti Tamil Baptist
Schools Association from the year 2002. The said Association had been
registered in the year 1956. The schools run by the Association are religious
minority institutions. The petitioner is also the Correspondent of the schools
run by the institution. It had been stated that the respondents, particularly the
District Educational Officer of Kovilpatti had placed an embargo on the further
functioning of the management by insisting on approval year after year with
respect to the post of Secretary cum Correspondent.
3. Heard Mr.T.Lajapathi Roy, learned counsel for the petitioner and
Mr.S.Kameswaran, learned Government Advocate who takes notice on behalf
of the respondents.
4. It is the contention of Mr.T.Lajapathi Roy, learned counsel for
the petitioner that such insistence runs contrary to the judgment of a learned
Single Judge of this Court reported in (2009) 6 CTC page 579, Asan
Memorial Association Vs. The State of Tamil Nadu and also of a further
judgment of a Division Bench of this Court reported in (2012) 2 CWC page
25, T.Sanjeeva Rao Vs. The Director of School Education, Directorate of
School/Public Instruction College Road, Chennai – 6 and others.
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W.P.(MD).No.15794 of 2021
5. The issue is no longer res integra. With respect to minority
schools, the respondents particularly the District Educational Officer cannot
insist on a year to year approval every successive year for the post of Secretary
cum Correspondent.
6. A counter had been filed by the fourth respondent and it is
encouraging to note that they had also realized the position. In the counter
which had been filed by the District Educational Officer, Kovilpatti /
A.Chinnaraju, dated 03.12.2021, it had been stated as follows:
“5. I submit that upon the enquiry it was found that
the Kovilpatti Tamil Baptist Schools Association is a
Minority institution and there is no requirement under
the statue for a school committee as only the previous
management had constituted a school committee and
approval has been obtained from the District
Educational Officer in the previous years and the said
act has been done out of inadvertence.
6. I respectfully submit that the answering respondent
has not insisted for approval as there is no mandate to
obtain the Approval for the post of Secretary and
Correspondent to the said Minority school and hereby
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W.P.(MD).No.15794 of 2021
undertake that we do not insist upon the approval to
post of Secretary cum Correspondent for the Minority
Schools run by the Kovilpatti Tamil Baptist Schools
Association.”
7. Since, the said respondent had realized that year to year approval
for the post of Secretary cum Correspondent should not be insisted upon and
would not be insisted upon and would desist from passing any further orders,
an obligation is placed on the respondents to maintain the position, to maintain
the rule of law, to be subject to the orders passed by this Court in similar
matters and not insist upon the approval for the post of Secretary cum
Correspondent year to year particularly from minority institutions. I am
confident that the respondents would adhere to such position which they have
themselves affirmed in the counter affidavit. This Writ Petition stands allowed.
There shall be no order as to costs.
8. W.M.P.(MD).No.15667 of 2021 had been filed seeking to
implead the petitioner herein as the seventh respondent in the Writ Petition. It
is stated that the Writ Petition had been filed without reference to earlier Writ
Petitions. The petitioner in W.M.P.(MD).No.15667 of 2021 / D.Augustin, who
seeks to implead himself as the seventh respondent in the Writ Petition has
questioned the right of the petitioner therein to hold the post of Correspondent.
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W.P.(MD).No.15794 of 2021
That is an issue which is beyond the purview of the present Writ Petition.
However, the impleading application is allowed.
9. The Registry may implead D.Augustin as the seventh respondent
and thereafter issue order copy. Let me make it very clear that the dispute
between the respective petitioner and D.Augustin is not examined in this Writ
Petition but this Writ Petition is only focused on the officials in recognizing and
approving the post of Secretary cum Correspondent, which is only for the
benefit of the institution as a whole and not with respect to any individual.
10. Clarifying as above, the Writ Petition is allowed.
W.M.P.(MD).No.15667 of 2021 is allowed. Consequently,
W.M.P.(MD).No.12725 of 2021 is closed. No costs.
16.12.2021
Index : Yes / No
Internet : Yes/ No
Lm/Nsr
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.15794 of 2021
To
1.The Director of Elementary Education,
O/o. The Director of Elementary Education,
DPI Campus, College Road,
Chennai.
2.The Chief Educational Office,
O/o. The Chief Educational Office,
Sena.Vana.Government Higher Secondary School Campus,
Tuticorin.
3.The Chief Educational Officer,
O/o. The Chief Educational Officer,
ICI Government Higher Secondary School,
Tenkasi,
Tenkasi District.
4.The District Educational Office,
O/o.the District Educational Office,
Kovilpatti Educational District,
VOC Government Higher Secondary School Campus,
Kovilpatti,
Tuticorin District.
5.The District Educational Office,
O/o.the District Educational Office,
Thoothukudi Educational District,
Having Office at Pudhukottai,
Tuticorin.
6.The District Educational Office,
O/o.the District Educational Office,
Sankarankovil Educational District,
Gomathi Government Higher Secondary School Campus,
Sankarankovil,
Tenkasi District.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.15794 of 2021
C.V.KARTHIKEYAN, J.
Lm/Nsr
W.P.(MD).No.15794 of 2021
and
W.M.P(MD).Nos.15667 and 12725 of 2021
16.12.2021
https://www.mhc.tn.gov.in/judis
