Mohideeniya High School v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5436 of 2017 and W.M.P.(MD)No.4362 of 2017 Mohideeniya High School, Rep. by its Manager Mr.M.Asan Mohamed Vasudevanallur, ... Petitioner Vs.

1.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 Chief Educational Officer, Tirunelveli, Tirunelvei District.

4.The District Educational Officer, Tenkasi, 1/4

5.S.Balasingh Ponraj The District Educational Officer, Thenkasi, ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned order passed by the fourth respondent in his proceedings Na.Ka.No.321/A4/2016, dated 22.06.2016 (served to the petitioner only on 08.03.2017) and quash the same as illegal. For Petitioner : Mr.C.Venkatesh Kumar for M/s.Ajmal Associates For Respondent : Mr.V.OM.Prakash Government Advocate

O R D E R

Heard the learned counsel on either side.

2. The petitioner is an aided minority institution. The petitioner High School was brought under direct payment system by the impugned order dated 22.06.2016.

3.The fourth respondent has filed a detailed counter affidavit and the learned Government Advocate appearing for the respondents took me through its contents.

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4. The learned counsel appearing for the petitioner draws my attention to the decision reported in (2011) 2 MLJ 100 (Jayalakshmi Vilas Middle School rep. by its Correspondent Mannargudi, Tiruvarur District Vs. Director of Elementary Education, College Road, Chennai).

5. In the said decision, it has been held that when the educational authorities resort to direct payment, it should be done only after complying with the principles of natural justice as it has certain civil consequences.

6. In this case, before passing the impugned order for direct payment, the petitioner was not put on notice. Hence, the impugned order is quashed. The Writ Petition is allowed. The matter is remitted to the file of the fourth respondent to pass orders on merits and in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

29.06.2022 Index : Yes / No Internet : Yes/ No rmi 3/4

G.R.SWAMINATHAN,J.

rmi To 1.The Secretary, Department of School Education, Fort St.George, Chennai-600 009.

2.The Director of School Education, College Road, Chennai-600 006.

3.The Chief Educational Officer, Tirunelveli, Tirunelvei District.

4.The District Educational Officer, Tenkasi, 5.S.Balasingh Ponraj The District Educational Officer, Thenkasi, W.P.(MD)No.5436 of 2017 and W.M.P.(MD)No.4362 of 2017 29.06.2022 4/4