← Library
Madras High CourtWP(MD)/1997/2021allowed

Nivetha.K v. The Director Of School Education

2024-03-22Honourable Mr.Justice Mummineni Sudheer Kumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.03.2024

CORAM

THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD) Nos.1700 and 1702 of 2021 K.Nivetha ... Petitioner in W.P.(MD) No.1997/2021 E.Dhilipan Sakravarthi ... Petitioner in W.P.(MD) No.1999/2021 Vs.

1.The Director of School Education, O/o. The Director of School Education, DPI Compound, College Road, Chennai.

2.The Director of Adi Dravidar Welfare, O/o. Director of Adi Diravidar and Welfare Office, Chepauk, Chennai-06.

3.The Chief Educational Officer, Office of the Chief Educational Office, Thoothukudi, Thoothukudi District.

4.The District Educational Officer, O/o. The District Educational Office, Thoothukudi, Thoothukudi District.

5.The District Adi Diravidar Welfare Officer, O/o. Adi Diravidar Welfare Office, Thoothukudi.

6.The Chairman, Muthukaruppan Memorial Educational Trust, Subbammalpuram, Sillankulam (Post), Ottapidaram (Taluk), Thoothukudi District.

7.Mrs. R.Nirmala, Chairman, Muthukaruppan Memorial Educational Trust, Subbammalpuram, Sillankulam (Post), Ottapidaram (Taluk), Thoothukudi District.

8.The Correspondent, Muthukaruppan Harijan Primary and Hr. Sec School Educational Committee, Subbammalpuram, Sillankulam (Post), Ottapidaram (Taluk), Thoothukudi District.

9.Mrs.K.Saroja, The Correspondent, Muthukaruppan Harijan Primary and Hr. Sec School Educational Committee, Subbammalpuram, Sillankulam (Post), Ottapidaram (Taluk), Thoothukudi District.

10.The Secretary, Muthukaruppan Harijan Primary and Hr. Sec School Educational Committee, Subbammalpuram, Sillankulam(Post), Ottapidaram (Taluk), Thoothukudi District.

11.Mr.Balamurugan, Muthukaruppan Harijan Primary and Hr. Sec School Educational Committee, Subbammalpuram, Sillankulam (Post), Ottapidaram (Taluk), Thoothukudi District.

12.The Secretary, Muthukaruppan Memorial Educational Trust, Subbammalpuram, Sillankulam (Post) Ottapidaram (Taluk), Thoothukudi District.

13.Mr.Balamurugan, Secretary, Muthukaruppan Memorial Educational Trust, Subbammalpuram, Sillankulam(Post), Ottapidaram (Taluk), Thoothukudi District.

... Respondents in both W.Ps.

Prayer in both W.Ps.: Petitions filed under Article 226 of the Constitution of India to issue Writ of Certiorari, calling for the records relating to the impugned order issued by the 12th respondent in his proceedings in K.f.m./e.f.vz;.05/2021 dated 18.01.2021 and quash the same as illegal. In both W.Ps.

For Petitioner :

Mr.H.Mohammed Imran For M/s.Ajmal Associates For RR1 to 5 :

Mr.V.Om Prakash Government Advocate

For RR12 & 13 :

Mr.C.Mayilvahana Rajendran For RR6 to 11 :

No appearance COMMON ORDER Both the writ petitions are filed challenging the show cause notices issued to the respective petitioners dated 18.01.2021.

2. The petitioners approached this Court by filing the present writ petitions challenging the said show cause notices primarily on the ground that there was no School Committee existing as on the date of issuance of the impugned show cause notices, as the School Committee that was formed was suspended by this Court by an order dated 10.12.2020 in W.M.P.(MD) No. 15101 of 2020 in W.P.(MD) No.18093 of 2020.

3. Now it is brought to the notice of this Court that regular School Committee has been constituted and it is functioning as on date.

4. There is no dispute that there was no properly constituted School Committee as on the date of issuance of the show cause notices. Therefore, the impugned show cause notices are liable to be treated as incompetent.

5. In the circumstances, both the impugned show cause notices are set aside and the writ petitions are allowed granting liberty to the respondentSchool to take appropriate action in accordance with law, if they still so desired. No costs. Consequently, connected miscellaneous petitions are closed.

22.03.2024 NCC : Yes/No Index : Yes/No Internet : Yes ABR To 1.The Director of School Education, O/o. The Director of School Education, DPI Compound, College Road, Chennai.

MUMMINENI SUDHEER KUMAR, J.

ABR 2.The Director of Adi Dravidar Welfare, O/o. Director of Adi Diravidar and Welfare Office, Chepauk, Chennai-06.

3.The Chief Educational Officer, Office of the Chief Educational Office, Thoothukudi, Thoothukudi District.

4.The District Educational Officer, O/o. The District Educational Office, Thoothukudi, Thoothukudi District.

5.The District Adi Diravidar Welfare Officer, O/o. Adi Diravidar Welfare Office, Thoothukudi.

22.03.2024