Madras High Court
The Correspondent vs Thirikudarajan ...1St on 1 November, 2023
W.A.(MD).No.1273 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.11.2023
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD).No.1273 of 2022
and
C.M.P.(MD).Nos.9842 and 11717 of 2022
The Correspondent,
Melapalayam Hindu Middle School,
Kadayanallur,
Tirunelveli District. .. Appellant/6th Respondent
Vs.
1.Thirikudarajan ...1st Respondent/Writ Petitioner
2.The Secretary to Government,
Department of School Education,
St.George Fort,
Chennai.
3.The Director of School Education,
College Road,
Chennai.
4.The Chief Educational Officer,
Tirunelveli District at Tirunelveli.
5.The District Educational Officer,
Tenkasi,
Tirunelveli District.
Page 1 of 6
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W.A.(MD).No.1273 of 2022
6.The Block Educational Officer,
Kadayanallur,
Tirunelveli District. ..Respondents 2 to 6/
Respondents 1 to 5
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to
set aside the order dated 22.06.2022 in W.P.(MD).No.1191 of 2020.
For Appellant : Mr.B.Michael Sebastin
For R-1 : Mr.S.Rajasekar
for M/s.T.Lajapathi Roy Associates
For R-2 to R-6 : Mr.SP.Maharajan
Special Government Pleader
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM,J.)
The appellant is the Correspondent, Melapalayam Hindu Middle
School. The Writ Petition was filed by the first respondent/Thirikudarajan
challenging the proceedings of the Block Educational Officer, Kadayanallur,
Tirunelveli District dated 19.12.2019.
2. Admittedly, there is a dispute within the management. The
proposal submitted by the management for promotion of the petitioner to
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W.A.(MD).No.1273 of 2022
the post of Middle School Head master was returned by the competent
educational authorities through the impugned order in the Writ Petition
dated 19.12.2019.
3. It is brought to our notice that even before the said order, the
School is functioning under direct payment. While so, the learned counsel
appearing on behalf of the first respondent made a submission that
promotions are to be granted to the teachers working in the school and on
account of management dispute, the authorities are unable to consider the
eligible teachers for further promotion to the post of Headmaster. In this
regard, Special Officer is to be appointed.
4. We are of the considered opinion that the Special Officer under the
Act is to be appointed only on certain limited grounds and in the present
case, the findings of the learned Single Judge would be insufficient to form
an opinion that a Special Officer is to be appointed by the order of High
Court. The authorities are bound to conduct an enquiry and only after
ascertaining the facts and circumstances, such appointment of Special
Officer is to be made. The teachers are getting salary and other benefits
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W.A.(MD).No.1273 of 2022
through direct payment system and therefore, their rights are not affected.
This being the factum, the official respondents/educational authorities are
directed to conduct an enquiry and initiate all appropriate actions by
following the procedures as contemplated under the Act and Rules in force
and thereafter, decide whether appointment of Special Officer is warranted
or not or to consider approval of the writ petitioner as Headmaster. All such
issues are to be decided on merits and in accordance with law. The said
exercise shall be completed within a period of twelve (12) weeks from the
date of receipt of a copy of this judgment. Consequently, the order dated
22.06.2022 passed in W.P.(MD).No.1191 of 2020 is set aside.
5. With the above observations, the Writ Appeal stands partly
allowed. There shall be no order as to costs. Consequently, connected
miscellaneous petitions are closed.
(S.M.S.,J.) (V.L.N.,J.)
01.11.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
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W.A.(MD).No.1273 of 2022
To
1.The Secretary to Government,
Department of School Education,
St.George Fort,
Chennai.
2.The Director of School Education,
College Road,
Chennai.
3.The Chief Educational Officer,
Tirunelveli District at Tirunelveli.
4.The District Educational Officer,
Tenkasi,
Tirunelveli District.
5.The Block Educational Officer,
Kadayanallur,
Tirunelveli District.
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W.A.(MD).No.1273 of 2022
S.M.SUBRAMANIAM,J.
and
V.LAKSHMINARAYANAN,J.
Lm
W.A.(MD).No.1273 of 2022
01.11.2023
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