Madras High Court
The Secretary And Manager vs Grace Selin Rani ... 1St on 1 July, 2021
W.A.(MD)Nos.716 to 719 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.07.2021
CORAM
THE HONOURABLE MR.JUSTICE T. S. SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)Nos.716 to 719 of 2018
and C.M.P.(MD) Nos.4188, 4189, 4190 & 4191 and 4192 & 4193 of 2018
1.The Secretary and Manager,
Concordia High/Higer Secondary Schools,
Lutheran Primary and Middle Schools,
M.E.L.I.M. Primary Schools,
No.14/72, Lutheran Street,
Valliyoor – 627 117,
Tirunelveli District.
2.The Correspondent,
Concordia Higher Secondary School,
Vadakkankulam,
Radhapuram Taluk,
Tirunelveli District. ... Appellants/Respondents 2 & 3 in all
the Writ Appeals
Vs.
Grace Selin Rani ... 1st Respondent/ Petition in W.A.(MD)
No.716 of 2018
S.Anitha Jasmine ... 1st Respondent/ Petition in W.A.(MD)
No.717 of 2018
M.Mariya Theres ... 1st Respondent/ Petition in W.A.(MD)
No.718 of 2018
I.Tracy ... 1st Respondent/ Petition in W.A.(MD)
No.719 of 2018
https://www.mhc.tn.gov.in/judis/
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W.A.(MD)Nos.716 to 719 of 2018
2.The District Educational Officer,
Cheranmahadevi,
Office at S.N.High Road,
Tirunelveli.
3.K.Baul Sundar,
S/O.Karuthudaiyan,
General Secretary – Indian
Evangelical Lutheran Church,
No.321, Lutheran Mission Compound,
K.P.Road, Nagercoil – 629 001.
Kanyakumari District. ... Respondents 2 & 3/Respondents 2 &
3 in all the Writ Appeals
Common Prayer : Appeals filed under Clause 15 of the Letters Patent against
the common order passed by this Court in W.P.(MD)Nos.17404 to 17407 of
2015, dated 05.03.2018.
For Appellants in all the : Mr.P.V.Sudakar
Writ Appeals
For Respondent No.1 in all : Mr.G.Prabhu Rajadurai
the Writ Appeals
For Respondent No.2 in all : Mr.R.Baskaran
the Writ Appeals Standing Counsel for Government
*****
JUDGMENT
(Judgment of the Court was delivered by T. S. SIVAGNANAM, J.)
These Writ Appeals have been filed by Respondent Nos.2 and 3 in
W.P.(MD)Nos.17404 to 17407 of 2015. The Writ Petitions stand disposed of by
directing the second respondent herein to consider the proposals sent by the
Correspondent of the School, which according to the appellants is not a rightful
person.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)Nos.716 to 719 of 2018
2.There has been a dispute between the persons, who were holding
various posts in the Educational Agency as well as in the Trust and several cases
had been filed and ultimately, the Principal Bench had found that fraud had
been committed not only by the persons who were in various posts in the
Association but also some of the learned counsels, who appeared for the parties
and therefore, thought it fit to appoint a retired Hon'ble Judge of this Court as
an Administrator.
3.It is not in dispute that the appellants are no longer the Secretary
and Manager of the School nor the Correspondent of the School and they have
been removed from Office by this Court. Therefore, the appellants cannot
pursue these appeals before us. Therefore, it is suffice to dismiss these appeals
filed by the appellants.
4.The first respondent/Writ Petitioners are teachers. According to the
appellants, all of them were appointed by illegal and incompetent body and
therefore, no direction could be issued to consider the proposal for approval of
appointments. According to the learned counsel for the first respondent/writ
petitioners what was called in question is the promotions but not the
appointments.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)Nos.716 to 719 of 2018
5.In any event, the appellants cannot prosecute these appeals as they
no longer hold the post of the Secretary or Manager or Correspondent of the
School. Hence, these Writ Appeals are dismissed and all the issues are left open.
If the first respondent in these Writ Appeals/writ petitioners have any grievance,
they are at liberty to approach the Hon'ble Administrator to redress the same.
Consequently, connected Miscellaneous Petitions are closed.
Index :Yes/No [T.S.S., J.] [S.A.I., J.]
Internet :Yes/No 01.07.2021
sj
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.
To
1.The District Educational Officer,
Cheranmahadevi,
Office at S.N.High Road,
Tirunelveli.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)Nos.716 to 719 of 2018
T. S. SIVAGNANAM, J.
AND
S.ANANTHI, J.
sj
W.A.(MD)Nos.716 to 719 of 2018
01.07.2021
https://www.mhc.tn.gov.in/judis/
