Madras High Court
Arcot Lutheran Church vs The Secretary To Government Of ... on 21 June, 2022
W.P.No.10733 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P.No.10733 of 2022
and
WMP No.10379 of 2022
Arcot Lutheran Church
Represented by its Secretary ...Petitioner
vs.
1. The Secretary to Government of Tamil Nadu
Department of School Education,
Chennai – 600 009.
2. The Director of School Education
Directorate of School Education
DPI Complex, College Road,
Chennai – 600 006.
3. The Chief Educational Officer
Chief Educational Office
District Educational Office Complex
Kallakurichi – 606 202.
4. The Chief Educational Officer,
Chief Educational Office,
Ponnaiyaar Road, Manjakuppam,
Cuddalore – 607 001.
5. The District Educational Officer,
Thirukovillur – 605 757
Kallakuruchi District.
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W.P.No.10733 of 2022
6. The District Educational Officer,
District Educational Office,
Cuddalore – 607 001. ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorari, calling for records pertaining to
Notice dated 13.04.2022 bearing Na Ka No.1631/A4/2022 issued by the
3rd respondent and consequential Circular issued by Respondent No.5
bearing Na.Ka No.1854/A4/2022, dated 19.04.2022 and consequential
Circular bearing Na.Ka. No.3370/A2/2022 dated 20.04.2022 issued by
Respondent No.6 and quash the same.
For petitioner : Mr.Srinath Sridevan
For respondents : Mr.B. Vijay,
Addl. Govt. Pleader
ORDER
This writ petition has been filed challenging the Circulars dated
13.04.2022, 19.04.2022 and 20.04 2022 under which it has been declared
that the teaching and non-teaching staff of Minority institution cannot
contest in any elections or hold any post or canvass for any contesting
candidate.
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W.P.No.10733 of 2022
2. Heard Mr.Srinath Sridevan, learned counsel for the petitioner
and Mr.B.Vijay, learned Additional Government Pleader appearing for
the respondents.
3. The learned counsel for the petitioner would submit that the
issue is now well settled by a decision of the Hon'ble Division Bench of
this Court in the case of Julius Jawahar Devakandan and others vs. the
Chief Secretary to Government of Tamil Nadu, Chennai and others in
a batch of writ petitions in W.P.(MD) No.10132 of 2015 etc. batch
dated 29.10.2021, wherein it has been held that there is no prohibition
for teaching and non-teaching staff to contest in an election and to hold
any posts in the Church of South India Diocese.
4. In the case on hand, the Church involved is Arcot Luthern
Church. In the decision rendered by the Hon'ble Division Bench of this
Court referred to supra, though Mandamus was sought for in those writ
petitions, to forbear the teaching and non-teaching staff from contesting
elections as Office Bearers to Churches, the very same contention that
has been raised by the respondents in this writ petition were also raised
in those writ petitions. The petitioners in those writ petitions had raised
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W.P.No.10733 of 2022
the very same contention that has been raised by the respondents in this
writ petition by contending that teaching and non-teaching staff of
Minority institutions cannot contest elections and hold positions in a
Church. The Hon'ble Division Bench by its order dated 29.10.2021
referred to supra in the batch of writ petitions, however, rejected the
contentions of the petitioners therein and held that there is no provision
for the teaching and non-teaching staff of Minority institutions to contest
in elections for holding the positions as Office Bearers in a Church.
5. The relevant paragraph of the Division Bench judgment dated
29.10.2021 referred to supra are as follows :-
6.As per Rule 14-A of the Tamil Nadu Government Servants
Conduct Rules, 1964, the Government servants are prohibited from
being a member of, or be otherwise associated with any organization
which promotes or attempts to promote disharmony or feelings of enmity
or hatred or ill-will between different religious, racial, language or
regional groups or castes or communities on grounds of religion, race,
place of birth, residence, language, caste or community or any other
ground whatsoever. As regards participation in purely religious
activities, the freedom to profess and practice any religion is guaranteed
under Article 25 of the Constitution of India. The Government servants
while they are free to profess and practice any religion in their private
lives, should conduct themselves in public as to leave no room for any
impression to arise that they do not subscribe to the secular philosophy
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W.P.No.10733 of 2022
of the State. The Church of South India Diocese is having its own rules,
regulations or by-laws to govern the affairs and conduct of the teaching
and non-teaching staffs employed in the Schools which are functioning
under the Diocese. Rule 16(1) of the Tamil Nadu Recognised Private
Schools (Regulation) Rules, 1974, prescribes the code of conduct for
Teachers and non-teaching staffs employed in private schools. As per
Rule 8 of the said Rules, no teacher or other person employed in a
private school shall contest or participate in or canvass for any
elections. Such restriction will not, however, apply to the teachers in
respect of elections to the Teachers' Constituencies.
7.The second respondent, namely, the Secretary, the School
Education Department filed a counter-affidavit wherein he has
specifically stated that in the Tamil Nadu Recognised Private Schools
(Regulation) Act, 1973 and Rules made thereunder, there is no provision
dealing with the issue of the teaching and non-teaching staff contesting
in an election and holding the posts in the third and fourth respondents
organization. In these circumstances, the second respondent submitted
that the contention of the petitioner to take action to forbear the staffs of
the third and fourth respondents Educational Institutions from
contesting in election and holding the posts in the third and fourth
respondent's religious organization and to take appropriate action on
the staff holding such posts based on the petitioners representation is
not permissible for the reason that there is no such provision available
in the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973
and Rules made thereunder enabling the Educational Authority to issue
such direction.
8.In view of the specific stand taken by the Secretary, the School
Education Department to the effect that there is no provision under the
Tamil Nadu Recognized Private Schools (Regulation) Act, 1973, against
the teaching and non-teaching staffs, the prayers sought for in the Writ
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W.P.No.10733 of 2022
Petitions are liable to be rejected. Accordingly, the Writ Petitions are
devoid of merits and the same are dismissed. No costs. Consequently,
connected Miscellaneous Petitions are closed.
6. The Hon'ble Supreme Court has also upheld the order of the
Hon'ble Division Bench of this Court dated 29.10.2021 in SLP No.4641
of 2022 by its order dated 01.04.2022 by dismissing the said SLP. Since
the order attained finality, the impugned Circulars imposing the
conditions that a teaching and non-teaching staff of Minority institutions
cannot participate in elections for a Church / religious organisation and
shall not hold positions, have to be necessarily quashed and this writ
petition will have to be allowed as there is no prohibition for teaching
and non-teaching staff of any religious organisation to contest elections /
hold positions in any religious organisation. However, it is made clear
that teaching and non-teaching staff shall not contest or hold any
positions in any political party and shall also not canvass for any
candidate of a political party.
7. For the foregoing reasons, the impugned Circulars dated
13.04.2022, 19.04.2022 and 20.04.2022 are hereby quashed and
accordingly, the writ petition is allowed. No costs. Consequently,
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W.P.No.10733 of 2022
connected miscellaneous petition is closed.
21.06.2022
(½)
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
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To
1. The Secretary to Government of Tamil Nadu
Department of School Education,
Chennai – 600 009.
2. The Director of School Education
Directorate of School Education
DPI Complex, College Road,
Chennai – 600 006.
3. The Chief Educational Officer
Chief Educational Office
District Educational Office Complex
Kallakurichi – 606 202.
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W.P.No.10733 of 2022
ABDUL QUDDHOSE, J.
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4. The Chief Educational Officer,
Chief Educational Office,
Ponnaiyaar Road, Manjakuppam,
Cuddalore – 607 001.
5. The District Educational Officer,
Thirukovillur – 605 757
Kallakuruchi District.
6. The District Educational Officer,
District Educational Office,
Cuddalore – 607 001.
W.P.No.10733 of 2022
21.06.2022
https://www.mhc.tn.gov.in/judis
