Sundarambal Middle School v. The District Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 21.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.2075 of 2022 Sundarambal Middle School, Rep. By its Educational Agency, G.Joseph Jeyaseelan, S/o. Late N.Gnanapragasam, No.2, Keeraithurai, Madurai - 1.

... Petitioner Vs.

1.The District Educational Officer, District Educational Office, Tallakulam, Madurai - 2.

2.The Block Educational Officer - II, Block Educational Office, Madurai South, R.M.S.Road, Madurai - 1.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to approve the proposal of the petitioner school dated 15.07.2021, for the school committee and secretaryship for the period 03.08.2021 to 02.08.2024 and disburse the salary of teachers working in the school pending disposal of the writ petition.

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For Petitioner : Mr.Mohammed Imran For M/s.Ajmal Associates For Respondents : Mr.T.Amjad Khan Government Advocate

ORDER

Requiring to direct the first respondent to approve the proposal of the petitioner School dated 15.07.2021, for School Committee and secretaryship for the period 03.08.2021 to 02.08.2024 and disburse the salary of Teachers of this School, this Writ Petition came to be filed. 2.Heard the learned counsel appearing for the petitioner, the learned Government Advocate for the respondents and carefully perused the entire materials available on record.

3.The petitioner's School is a non minority single Management recognized aided private School. The first respondent granted approval for School Committee and secretaryship for three years, which ended on 02.08.2021 and thereafter, an application for renewal of School Committee and secretaryship from 03.08.2021 to 02.08.2024 was made as early as on 15.07.2021. However, the same was not considered. Hence, this Writ Petition came to be filed.

4.The learned counsel appearing for the respondents submitted that already allegations of sexual harassment as against the secretary of the 2/5

School, namely, Joseph Jeyaseelan, has been dealt by this Court in W.P. (MD)No.4106 of 2022, by an order dated 10.03.2022, has directed the jurisdictional Police i.e., All Women Police Station, Keerathurai, to register FIR and submit a copy of the same before this Court. In view of the same, Crime No.5 of 2022 came to be registered by the aforesaid Police as against the said Joseph Jeyaseelan. In view of the anomalies prevailing in the said School, the School is brought under the direct payment of the respondent authorities as early as in the year 2021 itself. 5.For which the learned counsel appearing for the petitioner submitted that the Teachers pertaining to the aforesaid sexual allegations has already been deployed and they are safely sent to some other School.

This is only a question of approval of the proposal of the petitioner School committee and secretaryship from the year 03.08.2021 to 02.08.2024. The earlier query raised by the respondent authorities for producing building licence has also also been duly complied with, though the same is not a mandate for the purpose of approving the School committee that has also been confirmed by the order of this Court in W.P.(MD)No.26674 of 2019, dated 18.12.2019.

6.In view of the same, this Court is hereby direct the first respondent to consider the proposal of the petitioner School dated 15.07.2021, for the School committee and secretaryship for the period from 03.08.2021 to 3/5

02.08.2024 and pass appropriate order in accordance of law within a period of four weeks from the date of receipt of copy of this order. 7.Hence, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 21.11.2024 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn To 1.The District Educational Officer, District Educational Office, Tallakulam, Madurai - 2.

2.The Block Educational Officer - II, Block Educational Office, Madurai South, R.M.S.Road, Madurai - 1.

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L.VICTORIA GOWRI, J.

Mrn 21.11.2024 5/5