Madras High Court
) The Chief Educational Officer vs ) K.Alima Banu on 29 November, 2021
W.A(MD)No.2129 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.11.2021
CORAM :
THE HONOURABLE TMT.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE THIRU.JUSTICE P.VELMURUGAN
W.A(MD)No.2129 of 2021
and
CMP(MD)No.9939 of 2021
1) The Chief Educational Officer,
Trichirappalli.
2) The District Educational Officer,
Trichirappalli. ... Appellants
vs.
1) K.Alima Banu
2) The Correspondent,
Kajamiya Higher Secondary School,
Kajamiya Nagar,
Trichirappalli. ... Respondents
Appeal filed under Clause 15 of Letters Patent, against the order
dated 14.09.2020 made in W.P(MD)No.11628 of 2020.
For Appellants : Mr.P.Subbaraj
Special Government Pleader
For R1 : Mr.V.Paneer Selvam
1/6
https://www.mhc.tn.gov.in/judis
W.A(MD)No.2129 of 2021
JUDGMENT
(Judgment of the Court was made by
PUSHPA SATHYANARAYANA, J.)
The writ appeal is directed against the order passed in
W.P(MD)No.11628 of 2020 dated 14.09.2020, wherein, a common
order was passed in a batch of writ petitions.
2. The school, which is the 3rd respondent in the writ
petition, had vacancies with respect to teaching and non teaching
posts which were sanctioned, in which, the writ petitioners were
appointed. When the approval was sent by the school to the
appellants, they rejected the same, on three grounds namely,
i) The Educational Agency should have filed the Form VII before
the Registrar of Co-operative Societies.
ii) It is to be clarified that there are no cases pending before
the Court with respect to the appointment of the members of the
Management.
iii) W.P(MD)No.20895 of 2013 filed by the school should be
withdrawn.
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W.A(MD)No.2129 of 2021
3. It was made clear before the Writ Court itself that
W.P(MD)No.20895 of 2013 was withdrawn as early as on 10.08.2018.
Regarding the pendency of any case, excepting the present case, no
other case was pending, was also clarified to the appellants. In spite
of the same, the approval was rejected. Hence, the learned Judge
has taken note of the facts and only remitted the matter back to the
appellants herein, directing them to reconsider the proposal sent by
the school, in respect of the appointment made to each of the writ
petitioners in the respondent's school. The officials were also directed
to verify whether the appointment of the writ petitioners were in
sanctioned vacancy alone, along with the other details and granted
eight weeks time.
4. Even after considerable time, the order was not complied
with. Hence, the writ petitioners had filed contempt petition in
Cont.P(MD)No.1335 of 2021. In the meanwhile, by proceedings in
O.Mu.No.4737/A2/2020, dated 24.03.2021, the 2nd appellant namely,
the District Educational Officer has passed an order without
considering the direction given by the Writ Court, on the ground that
the educational agency was not in place as per the Tamil Nadu Private
Schools (Regulations) Act, 2018.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.2129 of 2021
5. When the contempt petition was taken up for hearing, the
same learned Judge, who passed the order in the writ petitions,
holding that prima facie, the order dated 24.03.2021, was passed
without application of mind, directed the officials to pass a fresh
order, to comply with the earlier order passed in the writ petition.
Even after that, there was no compliance. Hence, on 26.10.2021,
statutory notice was issued to the respondents. In the above said
circumstances, the present writ appeal was filed by the appellants.
6. The Writ Court while passing the order in the writ
petitions, and also while dealing with the contempt petition, had
remanded the matter back to the officials to re-consider the proposals
given, verify the details of the writ petitioners and then pass orders.
However, unmindful of the said directions given, the appellants, in
particular, the 2nd appellant has passed the order on 24.03.2021. In
such circumstances, we see no reason to entertain this appeal and
the same is dismissed with the direction to comply with the earlier
order passed by the Writ Court. No costs. Consequently, connected
miscellaneous petition is closed.
[P.S.N.,J.] & [P.V.,J.]
Index : Yes / No 29.11.2021
https://www.mhc.tn.gov.in/judis
W.A(MD)No.2129 of 2021
To
1) The Chief Educational Officer,
Trichirappalli.
2) The District Educational Officer,
Trichirappalli.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.2129 of 2021
PUSHPA SATHYANARAYANA, J.
and
P.VELMURUGAN, J.
bala
JUDGMENT MADE IN
W.A(MD)No.2129 of 2021
DATED : 29.11.2021
https://www.mhc.tn.gov.in/judis
