Dr.K. Rajesh, v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and M.P.(MD) Nos.1 & 2 of 2012 Dr.K.Rajesh ... Petitioner -vs1.The State of Tamil Nadu rep.by its Secretary Department of School Education Fort St.George, Chennai-600 009 2.The Director of School Education College Road, Chennai-600 006 3.The Joint Director of School Education (Higher Secondary Education) College Road, Chennai-600 006 4.The Chief Educational Officer Nagercoil Kanyakumari District 5.The District Educational Officer Kuzhithurai Kanyakumari District
6.S.Suresh Kumar 7.Dr.S.Sunilkumar 8.K.Narayanan Nair ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records relating to the impugned proceedings issued by the third respondent / Joint Director of School Education in Na.Ka.No.9818/W4/E3/2010, dated 27.10.2011, quash the same and further direct the respondents 3 to 5 herein to register the petitioner forthwith as the Manager-cum-Correspondent of TCK Higher Secondary School, Padanthaloomudu, Kanyakumari District. For Petitioner :
Mr.Sivasamy for M/s.Isaac Chambers For Respondents :
Mr.T.Amjad Khan Government Advocate for R1 to R5 Mr.V.M.Balamohan Thampi for R6 to R8
O R D E R
The petitioner has challenged the impugned order passed by the third respondent rejecting the petitioner's request for recognizing him as Manager-cum-Correspondent of T.C.K.Higher Secondary School, Padanthaloomudu, Kanyakumari District.
2. Under the impugned order, the third respondent has rejected the petitioner's request only due to the fact that there is a dispute between the Committee Members of T.C.K.Higher Secondary School, Padanthaloomudu, Kanyakumari District, which is the subject matter of the Civil Court proceedings, namely, O.S.No.41 of 1998 and A.S.No.27 of 2011. Admittedly, the aforementioned School is presently under the direct management of the official respondents. In view of the fact that there is a dispute amongst the Committee Members of the said School and the said dispute is yet to be resolved, the question of entertaining this writ petition at this stage does not arise. Only after resolution of the disputes between the Committee Members of the said School, or by a resolution of the disputes through a decision rendered by the Civil Court, the question of entertaining the relief as prayed for in this writ petition will arise.
3. In view of the same, this writ petition is disposed of by granting liberty to the Committee Members of T.C.K.Higher Secondary School, Padanthaloomudu, Kanyakumari District, including the petitioner, to file appropriate legal proceedings, if they so desire, against the official respondents, once the Committee Members of the said School either resolved their disputes amongst themselves or a resolution is obtained through a decision rendered by a Civil Court, which has attained finality. No costs. Consequently, connected miscellaneous petitions are closed. 22.08.2024 (2/2) NCC :
Yes / No Index :
Yes / No Internet :
Yes / No krk To:
1.The Secretary, Department of School Education, State of Tamil Nadu, Fort St.George, Chennai-600 009.
2.The Director of School Education, College Road, Chennai-600 006.
3.The Joint Director of School Education, (Higher Secondary Education), College Road, Chennai-600 006.
4.The Chief Educational Officer, Nagercoil, Kanyakumari District.
5.The District Educational Officer, Kuzhithurai, Kanyakumari District.
ABDUL QUDDHOSE, J.
krk 22.08.2024 (2/2)