Kasturiba Middle School v. The Govt. Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) Nos.4133, 4351, 4355 and 10181 of 2020 and WMP (MD) Nos. 3488, 3656, 3658, 3662, 3663, 9055, 9056, 10547 and 16428 of 2020 WP(MD) No.4133/2020 The Manager/ Correspondent S.U.M.Higher Secondary School Rayappanpatty Theni District. 625 526 ... Petitioner -vs1.The State of Tamil Nadu Represented by its Secretary Department of School Education, Fort St. George, Chennai 600 009.
2.The Principal Secretary/Commissioner of Treasuries and Accounts, Integrated Office complex of Finance Department Nandanam, Chennai.600 035.
3.The Director of School Educatio, College Road, Chennai.
4.The Chief Educational Officer, Theni, Theni District.
5.The District Educational Officer, Uthammapalayam, Theni District.
... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records relating to the impugned proceedings of the 3rd respondent Director of School Education in R.C.No.0012/PA/JDS/2018 dated ..09.2018 and quash the same so far as the petitioner's school is concerned.
For Petitioner :
Ms.Rooshi Maas for M/s.Isaac Chambers For Respondents :
Mr.S.Saji Binu Special Government Pleader WP(MD) No.4351/2020 The Superintendent of Schools Office of the superintendent of Schools Roman Catholic Diocese of Kottar Assisi Campus, Nagercoil, Kanyakumari District ... Petitioner -vs1.The State of Tamil Nadu Represented by its Secretary Department of School Education, Fort St. George, Chennai 600 009.
2.The Principal Secretary/Commissioner of Treasuries and Accounts, Integrated Office complex of Finance Department Nandanam, Chennai.600 035.
3.The Director of School Educatio, College Road, Chennai.
4.The Treasury Officer, District Treasury, Nagercoil 5.The Chief Educational Officer, Kanyakumari District at Nagercoil 6.The District Educational Officer, Nagercoil 7.The District Educational Officer, Kuzhithurai 8.The District Educational Officer, Thuckalai ... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records relating to the impugned proceedings of the 3rd respondent Director of School Education in
R.C.No.0012/PA/JDS/2018 dated ..09.2018 and quash the same so far as the petitioner's schools are concerned.
For Petitioner :
Ms.Rooshi Maas for M/s.Isaac Chambers For Respondents :
Mr.S.Saji Binu Special Government Pleader WP(MD) No.4355/2020 The Correspondent Malankara Syrian Catholic Schools Diocese of Marthandam HOM Buildings, Kuzhithurai Kanyakumari District. 629 163.
... Petitioner -vs1.The State of Tamil Nadu Represented by its Secretary Department of School Education, Fort St. George, Chennai 600 009.
2.The Principal Secretary/Commissioner of Treasuries and Accounts, Integrated Office complex of Finance Department Nandanam, Chennai.600 035.
3.The Director of School Education, College Road, Chennai.
4.The Treasury Officer, District Treasury, Nagercoil
5.The Chief Educational Officer, Kanyakumari District at Nagercoil 6.The District Educational Officer, Thuckalay, Kanyakumari District.
7.The District Educational Officer, Kuzhithurai 8.The District Educational Officer, Thiruvattar ... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records relating to the impugned proceedings of the 3rd respondent Director of School Education in R.C.No.0012/PA/JDS/2018 dated ..09.2018 and quash the same so far as the petitioner's school is concerned.
For Petitioner :
Ms.Rooshi Maas for M/s.Isaac Chambers For Respondents :
Mr.S.Saji Binu Special Government Pleader WP(MD) No.10181/2020 Kasturiba Middle School Theroor, Suchindram Via Kanyakumari District rep. By its Secretary ... Petitioner
-vs1.The Government of Tamil Nadu Represented by its Secretary Department of School Education, Fort St. George, Chennai 600 009.
2.The Director of school Education, College Road, Chennai 600 009.
3.The Principal Secretary / Commissioner of Treasuries and Accounts, Integrated Office Complex of Finance Department Nandanam, Chennai 600 035.
4.The Director of Elementary Education, DPI Campus, college Road, Chennai 600 006.
5.The District Educational Officer, Nagercoil 6.The Regional Education Officer, Suchindram, Kanyakumari District.
... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records pertaining to the impugned proceedings of the 2nd respondent dated .09.2018 under Reference R.C.No.0012/PA/JD8/2018 and consequential communication pursuant to the same by the 6th respondent to the petitioner dated 10.08.2020 under Reference Na.Ka.No.691/A4/2018 and subsequently quash the same as
illegal and devoid of merits forthwith.
For Petitioner :
Mr.S.Palanivelayutham For Respondents :
Mr.S.Saji Binu Special Government Pleader COMMON ORDER These writ petitions were filed challenging the proceedings of the the Director of School Education dated nil 09.2018.
2. It is the case of the petitioners that the petitioners are Secretaries of the respective Schools. The schools are recognized under the Tamil Nadu Private Schools (Regulation) Act, 1973. It is the case of the petitioners that as per Section 19 of the Tamil Nadu Recognized Private Schools (Regulation) Act, 1974, the minority institutions are vested with absolute powers of administration and the Secretary/Correspondent of the school is responsible for overall administration of the school, such as submitting bills for teachers, staffs and for claiming grant-in-aid etc. However, vide impugned order dated nil .09.2018, the power has been dispensed with and hence, the petitioners are before this Court with these
writ petitions challenging the impugned order.
3. It is submitted that during the pendency of the writ petitions, the Government have given powers to the Correspondent/Secretaries of the School, who shall continue to exercise the powers, vide order dated 30.11.2021 and the same was also reiterated vide proceedings of the Joint Director dated 07.04.2022. Hence, in view of the subsequent development, no further orders are necessary to be passed in these writ petitions. Accordingly, these writ petitions become infructuous and the same are dismissed. No costs. Consequently connected Miscellaneous Petitions are closed.
23.01.2023 NCC : Yes/No Index : Yes/No RR
To 1.The Secretary Department of School Education, Fort St. George, Chennai 600 009.
2.The Director of school Education, College Road, Chennai 600 009.
3.The Principal Secretary / Commissioner of Treasuries and Accounts, Integrated Office Complex of Finance Department Nandanam, Chennai 600 035.
4.The Director of Elementary Education, DPI Campus, college Road, Chennai 600 006.
5.The District Educational Officer, Nagercoil 6.The Regional Education Officer, Suchindram, Kanyakumari District.
7.The Treasury Officer, District Treasury, Nagercoil 8.The Chief Educational Officer, Kanyakumari District at Nagercoil 9.The District Educational Officer, Nagercoil Kanyakumari District.
10.The District Educational Officer, Kuzhithurai 11.The District Educational Officer, Thuckalai 12.The District Educational Officer, Thiruvattar 13.The Chief Educational Officer, Theni, Theni District.
14.The District Educational Officer, Uthammapalayam, Theni District.
M.DHANDAPANI, J.
RR W.P.(MD) Nos. 4133, 4351, 4355 and 10181 of 2020 23.01.2023