Madras High Court
K.Karpagam vs The Director Of School Education on 24 June, 2021
W.A.(MD)No.1186 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.06.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE
AND
The HON'BLE MR.JUSTICE T.S.SIVAGNANAM
W.A.(MD) No.1186 of 2021
and
C.M.P(MD).No.5047 of 2021
K.Karpagam .. Appellant/Writ Petitioner
Vs
1.The Director of School Education,
O/o., the Director of School Education,
DPI Compound, College Road,
Chennai.
2.The Chief Educational officer,
Office of the Chief Educational Office,
Thoothukudi, Thoothukudi District.
3.The District Educational Officer,
Office of the District Educational Office,
Thoothukudi,
Thoothukudi District.
4.The Chairman,
Muthukaruppan Memorial Hr.Sec.School,
Subbammalpuram, Sillakulam (Post),
Ottapidaram Taluk,
Thoothukudi District.
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W.A.(MD)No.1186 of 2021
5.R.Nirmala,
Muthukaruppan Memorial Hr.Sec.School,
Subbammalpuram, Sillakulam (Post),
Ottapidaram Taluk,
Thoothukudi District.
6.The Correspondent,
Muthukaruppan Memorial Hr.Sec.School,
Subbammalpuram, Sillakulam (Post),
Ottapidaram Taluk,
Thoothukudi District.
7.K.Saroja
The Correspondent
Muthukaruppan Memorial Hr.Sec.School,
Subbammalpuram, Sillakulam (Post),
Ottapidaram Taluk,
Thoothukudi District.
8.Balamurugan,
Secretary,
Muthukaruppan Memorial Hr.Sec.School,
Subbammalpuram, Sillakulam (Post),
Ottapidaram Taluk,
Thoothukudi District. .. Respondents/Respondents
PRAYER: Appeal under Clause 15 of the Letters Patent, against the order
dated 17.04.2021, passed in W.P.(MD) No.18093 of 2020.
For Appellant : Mr.M.Ajmal Khan,
Senior Counsel for
Mr.C.Venkatesh Kumar
For Respondents 1-3 : Mr.A.K.Manickam
Standing Counsel.
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W.A.(MD)No.1186 of 2021
For 5th Respondent : Mr.V.Panneerselvam
For 8th Respondent : Mr.C.Mayil Vahana Rajendran
JUDGMENT
[Judgment of the Court was delivered by
The Hon'ble Chief Justice]
The matter pertains to the composition of the school committee
pertaining to Muthukaruppan Memorial Higher Secondary School in
Ottapidaram Taluk of Thoothukudi District.
2.The appeal is directed against an order dated April 17, 2021, by
which the grievances of the appellant have been relegated to a suit upon the
Court noticing that there was a suit pending pertaining to the relevant
educational institution.
3.There is sufficient basis to the appellant's submission that the
grievances aired in the petition cannot be conveniently decided in the suit
and may not be within the scope of such proceedings. At the same time, it
cannot be lost sight of that the constitution of a school committee ultimately
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W.A.(MD)No.1186 of 2021
depends on the approval being granted by the competent authority in
accordance with the Private Schools Regulation Laws in Tamil Nadu. The
appellant complains that the constitution of the school committee in this
case is in contravention of Rule 12 of the Tamil Nadu Recognized Private
Schools (Regulation) Rules, 1974. The appellant also refers to Rule 13 of
the said Rules and asserts that the Headmaster of the relevant educational
institution has, per force, to be the Secretary to the school committee.
4.However, Rule 13 of the said Rules mandates that the relevant
educational agency would nominate one of its representatives as the
Secretary of the school committee and the proviso thereto permits the
Headmaster to be appointed as Secretary. The necessity of the proviso is by
reason of the proviso to Rule 12(3)(i). Such proviso to Clause (i) of sub-
Rule (3) requires that the employees of the school shall not be nominated
under this category. Since the Headmaster of a school may be regarded as
an employee, it was necessary to incorporate the proviso to Rule 13(1) of
the said Rules to make the Headmaster eligible to be appointed as Secretary,
notwithstanding the Headmaster being an employee of the relevant school.
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W.A.(MD)No.1186 of 2021
But it is not imperative that the Headmaster be the Secretary and it is open
to an educational agency to nominate any one other than the Headmaster as
Secretary so long as the person nominated is one of the nominees to the
school committee.
5.The committee in this case has been approved by the competent
agency and the appellant says that the provisions of Rule 12 of the said
Rules may not have been kept in mind while according the approval.
Without going into the further merits of the matter and the several grounds
urged by the appellant, the impugned order of approval of May, 2020,
should be revisited by the competent authority, the third respondent herein.
Both the appellant and the educational agency may be heard out by the third
respondent and an appropriate order be passed within six weeks of the
receipt of a copy of this order. Till such time the further decision of the
District Educational Officer is communicated to the appellant and the
relevant educational agency, the current committee will continue.
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W.A.(MD)No.1186 of 2021
6.W.A.(MD)No.1186 of 2021 is disposed of by setting aside the order
impugned dated April 17, 2020 and substituting the same with the directions
aforesaid. C.M.P.(MD).No.5047 of 2021 is closed.
7.There will be no order as to costs.
(S.B., CJ.) (T.S.S., J.)
24.06.2021
Index : Yes/No
Internet : Yes/No
MR
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.
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W.A.(MD)No.1186 of 2021
To
1.The Director of School Education,
O/o., the Director of School Education,
DPI Compound, College Road,
Chennai.
2.The Chief Educational officer,
Office of the Chief Educational Office,
Thoothukudi,
Thoothukudi District.
3.The District Educational Officer,
Office of the District Educational Office,
Thoothukudi,
Thoothukudi District.
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W.A.(MD)No.1186 of 2021
THE HON'BLE CHIEF JUSTICE
and
T.S.SIVAGNANAM, J.
MR
JUDGMENT MADE IN
W.A.(MD) No.1186 of 2021
24.06.2021
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