S. Byju Nizeth Paaul v. The Executive Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.(MD)No.8904 of 2026 S.Byju Nizeth Paaul .. Petitioner - Vs. - - 1.The Executive Committee, CSI Kanyakumari Diocese, 71A, Diocesan Office, Dennis Street, Nagercoil-629 001.

Rep. by its Chairman/Bishop 2.The Vice President, CSI Kanyakumari Diocese, 71A, Diocesan Office, Dennis Street, Nagercoil-629 001.

3.The Convener, Diocese Employment Bureau (DEB), CSI Kanyakumari Diocese, 71A, Diocesan Office, Dennis Street, Nagercoil-629 001.

4.The Regional Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli.

.. Respondents 1/6

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to consider the objection/representation submitted by the petitioner dated 10.04.2026 against the report of the Enquiry Officer dated 28.10.2025 by convening Executive Committee meeting and placing the same before the Competent Authority viz., Executive Committee of the CSI Kanyakumari Diocese as per Chapter XXVII of the Constitution of CSI Kanyakumari Diocese and in compliance of principles of natural justice and to pass final orders in accordance with law.

For Petitioner : Mr.G.Sankaran Senior Counsel for Mr.S.Vishnuvardhan For Respondents : Mr.S.Meenakshi Sundaram Senior Counsel for Mr.G.Sailendrababu for R1 Mr.S.C.Herold Singh for R2 Mr.N.Ramesh Arumugam Government Advocate for R4

ORDER

The Writ Petition is filed for a Mandamus, directing the respondents to consider the objection/representation submitted by the petitioner dated 10.04.2026 against the report of the enquiry officer dated 28.10.2025 by convening the Executive Committee meeting and placing the same before the competent authority.

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2.I have heard Mr.G.Sanakaran, learned Senior Counsel representing Mr.S.Vishnuvardhan, learned counsel appearing on behalf of the petitioner and Mr.S.Meenakshi Sundaram, learned Senior Counsel representing Mr.G.Sailendrababu, learned counsel appearing on behalf of the first respondent.

3.At the outset, all the respondents in the writ petition, the respondent Nos.1 to 3 in the writ petition, are all private parties, namely the office bearers of CSI Diocese. The Regional Joint Director of Collegiate Education is impleaded as the fourth respondent. I have considered this issue in detail and passed an order in W.P.(MD)No.7181 of 2026, dated 02.04.2026, holding that if the dispute is within the educational agency of appointing or taking action against the Secretary or correspondent, there is no any public duty involved and the writ petition is not maintainable and it is for the parties to agitate the issue before the appropriate civil forum. I have already held that the relevant rules and even the provisions of the new act are not applicable to the minority institutions in view of the status-quo order that is granted by the Hon'ble Division Bench of this Court. Therefore, this writ petition is not maintainable. 3/6

4.The learned Senior counsel pleads that it is only this Court which entertained the writ petition and appointed the Retired Hon'ble Judge of this Court as the enquiry officer, therefore, this writ petition should be entertained. Even considering the same, when the Hon'ble Enquiry Officer is said to have submitted his report, it is for the disciplinary authority to issue second show cause notice. Even if the wrong authority issues second showcase notice, it is for the petitioner to take such defences in the explanation to the second show cause notice and it is for the appropriate authority to consider all the objections and final orders shall be passed.

5.In view of the submissions made by the learned Senior counsel appearing on behalf of the first respondent that the appropriate disciplinary authority will issue second show cause notice in accordance with the CSI Constitution, the same is also recorded.

6.With the above recording and observation, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 21.04.2026 sji NCC: No 4/6

To The Regional Joint Director of Collegiate Education, Tirunelveli Region, Tirunelveli.

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D.BHARATHA CHAKRAVARTHY, J.

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