Abel Samuel Wilson (Deceased), 1.R.Parijatham v. The Joint Director Of Elementary Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2026 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN Abel Samuel Wilson (Deceased)

1. R.Parijatham W/o. Late Abel Samuel Johnson, No.468/23, Harmony Apartments 2nd Street, 7th Main Road, A.G. Block, Anna Nagar, Chennai- 600 040.

2. Danial Wilson S/o. Late Abel Samuel Johnson, No.468/23, Harmony Apartments 2nd Street, 7th Main Road, A.G. Block, Anna Nagar, Chennai- 600 040.

Appellant(s) Vs

1. The Joint Director of Elementary Education (Aided School) College Road Chennai- 600 006

2. The Chief Educational Officer Namakkal District, Namakkal.

3. The District Elementary Educational Officer Namakkal District, Namakkal.

4. The Assistant Elementary Educational Officer Sendamangalam Panchayat Union, Sendamannglam, Namakkal District.

5. The Church Committee Rep by its Pastor S. B. M. School Compound, Senthamangalam, Namakkal District.

Respondent(s) Prayer : Appeal under Clause 15 of the Letters Patent seeking to set aside the order dated 03.06.2024 passed in W.P.No.10042 of 2021. For Appellant(s):

Mr.R. Sachidhanadan For Respondent(s):

Mr.E.Vijay Anand Addl. Govt. Pleader for R1 to R4

JUDGMENT

(Judgment of the Court was delivered by the Hon'ble Chief Justice) Heard. The order of the learned Single Judge is under challenge on the submission that the education institution belongs to the Strict Baptist Mission and vide certificate dated 26.03.1974, the Chairman and Secretary of the Mission recognised Ms.E.Samuel as a Manager and Correspondent of SBM Middle School and that she had full authority to hand over the Management of School to any local Committee that she may be able to form for the purpose.

2. It is submitted that after the death of Ms.E.Samuel, original writ petitioner, being the legal heir of the deceased Ms.E.Samuel, is entitled to have the complete control on the management of SBM Middle School.

3. The claim of appellants herein, who are the legal heirs of the deceased original writ petitioner, appears to be completely misconceived. The letter dated 26.05.1974 of the Strict Baptist Mission allowing control of management in hands of Ms.E.Samuel does not give the legal heir of the concerned person any right to claim management by way of inheritance. In the absence of there being any order, either of the Strict Baptist Mission or their byelaws, Rules, Regulations providing for succession of management by way of inheritance, the claim of writ petitioner has rightly been found to be baseless by the learned Single Judge by observing thus: "12. The right of the State to regulate education, educational standards and allied matters cannot be denied even in the case of Private Educational Agency conducting

the school. In protecting the interest of the education to the students and also the welfare of teachers, the 1st respondent by order dated 23.04.2009 rejected the claim of the petitioner holding that he has not adduced any evidence to show that he is the legal heir of the erstwhile Management viz., Eben Samuel. Even thereafter when the matter was considered afresh it was decided by the respondent-Education Department that there is no provision to handover the management to the legal heir of erstwhile Management of the School viz., Selvi.Eben Samuel. It is further pointed out that Strict Baptist Mission by their letter dated 26.05.1974 empowered the Management to handover the Management to the local Committee to manage the affairs and not to the legal heirs of the Management.

It was also pointed out that there was no evidence in respect of the transfer of the documents on the side of Education Department to show that the School Management is transferred in the name of Eben Samuel. Further it is very much seen that Selvi.Eben Samuel held the post of Headmistress of the school and therefore, she was managing the affairs of the school as in-charge of the Management. Further, the claim of the petitioner has been rejected by the civil court. The Strict Baptist Mission, vide their letter dated 26.05.1974 stated that Selvi. Eben Samuel was given powers to handover the full administration of the school to the Local Committee.

not proved with any substantial evidence that he is the legal heir of the Eben Samuel and therefore, the claim of the petitioner for running the school administration and the property to him, was rightly rejected by the authority.

13. The State Government has the regulatory power upon the school and as such the authority has rightly passed the impugned order rejecting the petitioner's claim. I do not find any basic conditions are fulfilled or substantive documents furnished by the petitioner in support of his claim.

14. The legal heir certificate would not confer any special status upon the petitioner to claim for school management which is a Mission now under administration by the Local Committee."

4. Appeal is, therefore, misconceived and no interference is required. Accordingly, appeal is dismissed. There shall be no order as to costs.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 03.03.2026 Index :

Yes/No Yes/No kpl

To

1. The Joint Director of Elementary Education (Aided School) College Road Chennai- 600 006

2. The Chief Educational Officer Namakkal District Namakkal.

3. The District Elementary Educational Officer Namakkal District Namakkal.

4. The Assistant Elementary Educational Officer Sendamangalam Panchayat Union, Sendamannglam Namakkal District.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

(kpl) 03.03.2026