Madras High Court
S.Anitha vs The Director Of Elementary Education on 9 August, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.(MD)No.11251 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(MD)No.11251 of 2024
and WMP(MD) Nos.10005 & 10006 of 2024
S.Anitha
... Petitioner
Vs
1. The Director of Elementary Education,
College Road, Chennai – 600 009.
2. The Joint Director of Elementary Education,
Madurai Zone,
Madurai.
3. The District Elementary Educational Officer (Elementary Education),
Sivakasi,
Virudhunagar District.
4. The Block Educational Officer,
Rajapalayam,
Virudhunagar District.
5. K.Soundararajan
... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Certiorari, calling for the records pertaining
to the impugned order issued by the 3rd respondent vide his proceedings in
1/7
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W.P.(MD)No.11251 of 2024
Na.Ka.No. 1369/A3/2023, dated 09.05.2024 pending disposal of the above writ
petition and quash the same as illegal.
For Petitioner : Mr. S.Maruthu Pandian
For Respondents : Mr.T.Amjad Khan (R1-R4)
Government Advocate
Mr.C.Venkatesh Kumar (R5)
for M/s.Ajmal Associates
ORDER
This Writ Petition has been filed challenging the impugned order
issued by the 3rd respondent vide his proceedings in Na.Ka.No. 1369/A3/2023,
dated 09.05.2024 pending disposal of the above writ petition.
2.Heard Mr.S.Maruthu Pandian, the learned counsel appearing for the
petitioners, Mr.T.Amjad Khan, learned Government Advocate appearing for the
respondents 1 to 4 and Mr.C.Venkatesh Kumar, learned counsel appearing for R5.
Perused the materials available on record.
3. By consent of both parties, this Writ Petition is taken up for final
disposal at the stage of admission itself.
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4.It is the case of the writ petitioner that she is the Secretary of
Kalvithanthai K.Sundarampillai Ninaivu Kalvi Servai Nirvaga Sangam. The said
Society runs a Government aided Primary School, viz., Saraswathy Primary
School, Muthusamypuram. The 5th respondent illegally claimed to be the
Secretary.
5.Challenging the Secretaryship, the 5th respondent has filed a writ
petition and the same was remanded back to the 3rd respondent for fresh
consideration. Pursuant to the same, the 3rd respondent has directed the parties to
approach the Civil Court and seek remedy. Thereby, the petitioner has filed a civil
suit in O.S.No.44 of 2024 seeking declaration. Pursuant to the suit, the 5th
respondent now trying to close the School with the collusion of respondents 3 & 4.
In this regard, the 5th respondent sent a representation to the 3rd respondent to close
the School. Based on the representation, the impugned order came to be passed.
The impugned order cannot be sustainable.
6.The learned Government Advocate appearing for the respondents 1
to 4 submitted that the 5th respondent already challenged the impugned order
before this Court in WP(MD) No.12259 of 2024, this Court vide order, dated
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12.06.2024 dismissed the writ petition. It is further contention that such order has
been passed pursuant to the direction of Division Bench in WP(MD) No.1289 of
2011 etc., batch.
7.So far as the closure of school is concerned, the Division Bench in
batch of writ petitions in WP(MD) No.1289 of 2011 etc., batch, vide order dated
05.02.2024 has held as follows:
“13.In this regard, we are of the view that it is for the
authority concerned to decide for closure of the School. However,
closure of the School in the midst of the Academic Year would
definitely affect the students education. Therefore, the School shall
not be closed till this Academic Year 2023-2024. Thereafter, the
parents shall give their options to the authority concerned to shift
the students to the nearby Schools. On such event, the authority
concerned shall consider the same positively and shift the students
to the nearby Schools at the choice of the parents.”
8.Now pursuant to the same direction, the impugned order is passed.
It is relevant to note that the same impugned order already challenged before this
Court in WP(MD) No.12259 of 2024 by the 5th respondent, this Court citing the
Judgment of Division Bench, dismissed that writ petition.
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9.The impugned order mainly deals with the transfer of the 5th
respondent. When the 5th respondent failed in his attempt, now the petitioner has
filed this writ petition, as if, she is the Secretary. What she could not achieve
directly, to achieve the same by indirect means this writ petition is filed. Since the
order with regard to the impugned order already reached its finality and the same
has not been challenged so far, once again by filing another writ petition to
challenge the same impugned order, which was already confirmed by this Court, is
not maintainable.
10.Accordingly, this writ petition stands dismissed. There shall be no
order as to costs. Consequently, connected miscellaneous petitions are closed.
09.08.2024
NCC : Yes/No
Index : Yes/No
PNM
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To
1. The Director of Elementary Education,
College Road, Chennai – 600 009.
2. The Joint Director of Elementary Education,
Madurai Zone,
Madurai.
3. The District Elementary Educational Officer (Elementary Education),
Sivakasi,
Virudhunagar District.
4. The Block Educational Officer,
Rajapalayam,
Virudhunagar District.
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N.SATHISH KUMAR, J.
PNM
ORDER IN
and WMP(MD) Nos.10005 & 10006 of 2024
09.08.2024
https://www.mhc.tn.gov.in/judis
