Madras High Court
R.Angeline Jebarani vs The Chief Educational Officer on 7 July, 2023
WP.No.20021 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2023
CORAM
THE HONOURABLE MR. JUSTICE N.SATHISH KUIMAR
WP.No.20021 of 2023
and W.M.P.No.19376 of 2023
R.Angeline Jebarani .. Petitioner
Versus
1.The Chief Educational Officer
Thiruvallur
Thiruvallur District
2.The District Educational Officer
Thiruvallur
Thiruvallur District
3.The Hon'ble Administrator/Chairman
Secondary Education Board, TELC
Tranquebar House
Trichy – 620 001
4.The Correspondent
TELC Kabis Government
Aided Minority High Secondary School
Paqndur, Tiruvallur District
4.The Head Master
TELC Kabis Government
Aided Minority High Secondary School
Paqndur, Tiruvallur District .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the first & second respondent
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WP.No.20021 of 2023
to approve the appointment of the petitioner as B.T.Assistant with effect from
the date of initial appointment and give all the consequential benefits by
receiving the proposal from the 4th and 5th respondents.
For Petitioner : Mr.P.Ganesan
For Respondents : Mr.S.Arumugham for R1 & R2
Government Advocate
ORDER
This Writ Petition has been filed seeking to direct the respondents 1 & 2
to approve the appointment of the petitioner as B.T. Assistant with effect from
the date of initial appointment and give all the consequential benefits by
receiving the proposal from the 4th and 5th respondents.
2. It is the contention of the writ petitioner that she was appointed as
B.T.Assistant by the third respondent to the fourth and fifth respondent School
on 01.07.2002. Thereafter, she has not been allowed to work with the fourth
respondent School. The fourth respondent is an aided minority higher
secondary school and there has been two groups in the management of the
fourth respondent school. Pursuant to the order passed by the High Court, till
date there has been no approved management, as the issue with regard to the
dispute for the Management has not been concluded by the Civil Court.
Therefore, it is her grievance that the respondents 4 & 5 did not submit the
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WP.No.20021 of 2023
proposal along with the relevant records with regard to her appointment as
watchman to the respondents 1 and 2. Hence, a direction is sought in the writ
petition to approve her appointment.
3. It is the stand of the fourth respondent that the previous Bishop of
TELC Rt. Rev D.Daniel Jeyaraj was the head of all the TELC Educational
Institutions and as per Church Rule 161(c) the Bishop shall retire on
05.03.2020 after he has completed 65 years of age or 10 years of service as
Bishop whichever is earlier. The previous Bishop can continue even as per the
rules only upto 14.01.2021, but, he made appointment on 27.11.2021 i.e., after
his retirement in which one D.Wilfred Daniel was appointed as Chairman of
Secondary Education. However, the Church Counil of TELC appointed one
Mr.R.Benjamin Jeyaraj who is the member of the Church Council as the
Chairman of Secondary Education. The illegal action of the Bishop was
challenged in the District Court, Trichy and the Hon'ble High Court, Madurai
Bench of the Madras High Court in CMA.(MD).No.619 of 2021 held that the
Bishop retired on 14.01.2021 after extension and he could act only with the
approval of the Church Council which is the elected body has a period till
10.09.2022. Aggrieved by the same, the previous Bishop filed
SLP(C).No.2299/2022 before the Hon'ble Supreme Court and the SLP was
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WP.No.20021 of 2023
dismissed on 25.02.2022. As the previous Bishop continued with his illegal
activities, the lay secretary and the Church Council filed Contempt Petition
(MD).No.1806 & 1897 of 2021 and the previous Bishop others were punished
for contempt of court by ordering the pay a fine of Rs.2000/- as cost and
Contempt Appeal (MD).No.3 to 10 of 2022 were filed against the Contempt
Petitioner, the Division Bench of the Madurai Bench of the Madras High Court
upheld the order of the single judge and appointed the Administrator to
administer the educational institutions in which the fourth respondent school is
one of them, by Order dated 08.08.2022. Thus, it is evident that the action of
the previous Bishop proves that the appointment was not competent and
without jurisdiction as his appointment as Chairman Secondary Education
Board itself is illegal, since, it was made after the retirement date of the
previous Bishop.
4. Heard both sides and perused the entire materials placed on record.
5. As there was a dispute between two groups, the same has been the
subject matter in A.S.(MD).No.18/2021. This Court passed a detailed
judgment on 19.03.2021, wherein, it was held that the appointment made in
respect of the petitioner and others are not valid. Challenging said judgment, a
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WP.No.20021 of 2023
Special Leave Petition was also filed before the Hon'ble Apex Court in
SLP.No.2299/2022 and the same is also dismissed by Order dated 25.02.2022.
Therefore, the very appointment of the petitioner and others held not to be
valid in the judgment in A.S.(MD).No.18/2021. Such view of the matter,
seeking directions to approve the said appointment cannot be granted.
6. Accordingly, I do not find any merits in this case and this writ petition
stands dismissed. Consequently, connected miscellaneous petition is closed.
No costs.
07.07.2023
dhk
Index:Yes/No
Internet: Yes/No
To
1.The Chief Educational Officer
Thiruvallur
Thiruvallur District
2.The District Educational Officer
Thiruvallur
Thiruvallur District
https://www.mhc.tn.gov.in/judis
WP.No.20021 of 2023
N.SATHISH KUMAR, J.
dhk
W.P.No.20021 of 2023
07.07.2023
https://www.mhc.tn.gov.in/judis
