R.K.V.Middle School v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.14484 of 2019 W.P(MD)No.23697 of 2019:

R.K.V.Middle School, Represented by it President & Agent of Educational Agency, K.Ramalakshmi Ammal, Panpozhi Village, Shenkottai Taluk, ... Petitioner Vs 1.The Chief Educational Officer, 2.The District Educational Officer, 3.The Block Educational Officer, 1/6

4.R.Pitchaiya 5.R.Gomathinayagam 6.R.Ganapathy 7.K.Vela Iswarya ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the second respondent in O.Mu.No. 2144/A1/2019 dated Nil -09-19 signed on 04.10.2019 and quash the same and consequently directing the first respondent to approve the change of Educational Agency in respect of R.K.V.Middle School, Panpozhi by considering the proposal dated 07.05.2018 and also the representation dated 07.09.2019.

For Petitioner : Mr.C.Masilamani For Respondents : Mr.T.Amjad Khan Government Advocate for R.1 to R.3 Mr.A.V.Suresh Kumar for R.4 Mr.S.Xavier Rajini for R.5 & R.6 No Appearance for R.7 W.P(MD)No.18045 of 2019:

R.Gomathinayagam ... Petitioner Vs 2/6

1.The Director of Elementary Education, College Road, Chennai - 600 006.

2.The Chief Educational Officer, 3.The District Educational Officer, 4.The Block Educational Officer, 5.The President, Panpoli RKV Educational Organisation, Panpoli, Senkottai Taluk, Tirunelveli District - 627 807.

6.Shri.Athi Narayanan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the third respondent District Educational Officer to approve the appointment of the petitioner, namely, R.Gomathinayagam as the Secretary of R.K.V.Middle School, Panpoli, Senkottai Taluk, Tirunelveli District.

For Petitioner : Mr.S.Xavier Rajini For Respondents : Mr.T.Amjad Khan Government Advocate for R.1 to R.4 Mr.G.Kalyanaram for R.5 3/6

No Appearance for R.5 COMMON

ORDER

Heard the learned counsel on either side.

2. In these writ petitions, the order passed by the department bringing the School in question under Direct Payment System is under challenge. The department has been constrained to interfere only on account of the internal dispute within the Educational Agency. I am therefore not inclined to interfere at this stage.

3. It is open to the members of the Educational Agency to resolve the issue amicably among themselves. If such a resolution is arrived at, they can submit a joint application or representation before the competent authority and the competent authority would be obliged to act thereon. So long as such resolution does not take place, the impugned orders will hold good.

4. It is true that the parties have been relegated to work out their rights in 53A of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973. That situation will arise only if the dispute among the members of the Educational Agency is remaining unresolved. If it is resolved, obviously the said situation will not arise not at all.

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5. With these observations, both the writ petitions are disposed of. Section 53A of the said Act will come into play only in the event of there being a dispute and not otherwise. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

13.12.2022 Index : Yes / No Internet : Yes/ No mga To 1.The Director of Elementary Education, College Road, Chennai - 600 006.

2.The Chief Educational Officer, 3.The District Educational Officer, 4.The Block Educational Officer, 5/6

G.R.SWAMINATHAN, J.

mga and W.M.P(MD)No.14484 of 2019 13.12.2022 6/6