Sree Maha Ganesa Vidyasala v. Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 25.11.2022 C O R A M THE HONOURABLE Mr.JUSTICE N. SATHISH KUMAR Writ Petition No.28506 of 2011 & M.P.No.1 of 2011 Sree Maha Ganesa Vidyasala School Old Students' Association, Represented by its Deputy Secretary S.Sundaramoorthy No.90, Mounsasami Madam Street, Ambattur, Chennai - 600 053.
... Petitioner Vs
1. Government of Tamil Nadu, Rep. by the Secretary, Department of School Education, Fort St. George, Chennai - 600 009.
2. The Director of School Education, D.P.I., Compound, College Road, Chennai - 600 006.
3. The District Elementary Educational Officer, Thiruvallur.
4. The Assistant Elementary Educational Officer, Villivakkam, Chennai - 600 049.
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5. Mr.Nandagopal, Correspondent of Sree Maha Ganesa Vidyasala Middle School, North Park Street, Venkatapuram, Ambatture, Chennai - 53.
6. S.Rajasekaran Chennai Domestic Airport, Old Terminal Link Building, 1st Floor, Meenambakkam, Chennai - 600 016.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 4 to initiate urgent action for the appointment of a Special officer for the governance of Sree Maha Ganesa Vidyasala Middle School by invoking the appropriate provisions enjoined under Middle School by invoking the appropriate provisions enjoined under Sec.18-A together with other appropriate provisions of the Tamil Nadu Recognized Private School [Regulation Act], 1973. For petitioner ... Mr.C.Johnson For respondents ... Mr.K.Tippu Sulthan, Govt. Advocate - R1 to R4 No appearance - R5 Mr.Ramesh Venkatachalapathy - R6
O R D E R
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This Writ Petition has been filed to direct the respondents 1 to 4 to initiate urgent action for the appointment of a Special officer for the governance of Sree Maha Ganesa Vidyasala Middle School by invoking the appropriate provisions enjoined under Middle School by invoking the appropriate provisions enjoined under Sec.18-A together with other appropriate provisions of the Tamil Nadu Recognized Private School [Regulation Act], 1973.
2. The main contention of the learned counsel for the petitioner is that in the school run by the fifth respondent there are serious mismanagement. Hence, Special Officer has to be appointed. The petitioner claims to be Vice President of Old Students' Association. Admittedly, the fifth respondent school is registered under the Societies Registration Act and the Society is an Education Society. If at all any allegations of mismanagement or whatsoever, the same has to be established. It is well open to the petitioner to bring the allegations to the notice of the Registrar of Societies for appropriate enquiry on finding any mismanagement and this has to be dealt separately under the Societies Registration Act. Therefore, this writ petition is not maintainable and is liable to 3/5
be dismissed.
3. Accordingly, this Writ Petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs. 25.11.2022 Index : Yes / No Internet: Yes Speaking/non speaking order vrc To
1. Government of Tamil Nadu, Rep. by the Secretary, Department of School Education, Fort St. George, Chennai - 600 009.
2. The Director of School Education, D.P.I., Compound, College Road, Chennai - 600 006.
3. The District Elementary Educational Officer, Thiruvallur.
4. The Assistant Elementary Educational Officer, Villivakkam, Chennai - 600 049.
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N. SATHISH KUMAR, J vrc W.P.No.28506 of 2011 25.11.2022 5/5