R.Dhandapani, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.30455 of 2014 R.Dhandapani S/o.Raji ... Petitioner vs.

1. The District Collector, Vellore District, Sathuvacherry, Vellore.

2. The Chief Educational Officer, Vellore District.

3. The District Educational Officer, Vellore District.

4. The Headmaster cum Secretary, Parents Teachers Association, Girls Higher Secondary School, Arcot, Vellore District.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4 to take further action as against the illegal appointment of office bearers of the PTA of the fourth respondent school without following the guidelines and consequently direct the fourth respondent to conduct General Committee meeting for selection/election of PTA members afresh.

For Petitioner : Mr.P.Mahalakshmi For Respondents : Mr.R.Vijayakumar, Additional Government Pleader [R1 to R3] No appearance [R4]

O R D E R

Heard Mr.P.Mahalakshmi, learned counsel for petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader.

2. Petitioner seeks a direction to respondents 1 to 4 to take action against appointment of illegal office bearers of the Parents Teachers Association without following the guidelines and consequently, direct the fourth respondent to conduct General Committee Meeting for selection/election of Parents Teachers Association members afresh in the fourth respondent school.

3. The purpose for which Parents Teachers Association has constituted is for the purpose of taking care of the interest of the students as well as teachers and to aid in the smooth running of the School. Further, under the provisions of the Tamil Nadu Private School Regulations Act, certain guidelines have been issued for appointment of office bearers. The Secretary of the School Committee plays a pivotal role in the functioning of the School. The allegation against fourth respondent is that he appointed the office bearers without conducting Committee Meeting.

4. In my view, the parents of the children who are studying in the School would be office bearers of the Parents Teachers Association and the moment the students passed out, those persons who have nominated as Office bearers of the Parents Teachers Association would automatically lose their right to contest for election or for being nominated as office bearers in the Parents Teachers Association. Be that as it may, the allegation in this Writ Petition is that no Committee Meeting has been convened and in this regard, objection/representation in the form of legal notice has been sent. Since no action has been taken, the petitioner has filed the present Writ Petition.

5. In the light of the above, there shall be a direction to the third respondent to consider the petitioner's grievance after issuing notice to the petitioner as well as Head Master of the fourth respondent School and analyze as to whether the Parents Teachers Association has been constituted in accordance with the rules and if it is not so, issue appropriate direction to re-construct the association in accordance with the rules.

This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(Lok Adalat) //True Copy// Sub Assistant Registrar gm To

1. The District Collector, Vellore District, Sathuvacherry, Vellore.

2. The Chief Educational Officer, Vellore District.

3. The District Educational Officer, Vellore District.

+1cc to Mrs.P.Mahalakshmi, Advocate, S.R.No.14997 +1cc to the Government Pleader, S.R.No.15164 W.P.No.30455 of 2014 SR(CO) CA(09/04/2015)