BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08/04/2010 CORAM THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.(MD).No.14088 of 2009 and M.P.(MD) No.1 of 2009 R.Rajalakshmi ... Petitioner Vs. 1.The Director of School Education, College Road, Chennai - 600 006. 2.The Joint Director of School Education, College Road, Chennai - 600 006. 3.The Chief Educational Officer, Virudhunagar District, Virudhunagar. 4.The District Educational Officer, Aruppukkottai Educational District, Aruppukottai - 626 101. 5.The District Registrar of Societies, Virudhunagar District, Virudhunagar. 6.Sri. Veerapa Vidayalaya, Paribalanasabhai School, Committee of the Veerapa Vidayalaya Higher Secondary School and Elementary School rep by its Secretary, Dr.S.V.R.Durairaj, Kullursandai, Virudhunagar District. ... Respondents (R6 impleaded as per order of this Court dated 08.04.2010 made in M.P.(MD) No.1 of 2010) PRAYER Writ Petition is filed under Article 226 of the Constitution of India praying to forbear the respondents from passing any orders granting approval of office bearers for Sri Veerappa Vidyalaya Paribhalanasabhai and School Committee, Kulloorsanthai, Aruppukkottai Taluk, Virudhunagar District except under due process of civil court proceedings. !For Petitioner ... Mr.N.Sundareshan ^For Respondents 1 to 5 ... Mr.K.M.Vijayakumar Special Government Pleader For 6th Respondent ... Mr.Joseph Thatheus Jerome ******* :ORDER
Mr.K.M.Vijayakumar, learned Special Government Pleader, takes notice
on behalf of the respondents 1 to 5. By consent, the writ petition is taken up
for final disposal at the stage of admission itself.
2. The petitioner in W.P.(MD) No.7774 of 2008 viz., Sri. Veerapa
Vidayalaya, Paribalanasabhai School, Committee of the Veerapa Vidayalaya Higher
Secondary School and Elementary School rep by its Secretary, Dr.S.V.R.Durairaj,
Kullursandai, Virudhunagar District has filed an application to implead it in
this writ petition and the same was allowed.
3. While disposing the writ petition (MD) No.7774 of 2008, by order
dated 26.08.2009, this Court has directed the application of the said
Dr.S.V.R.Durairaj for approval of the School Committee to be considered after
giving notice to all the parties concerned. Thereafter, it appears that the
present petitioner herself has filed W.P.(MD) No.11153 of 2009 by impleading the
said S.V.R. Durairaj as 4th respondent for a direction to the educational
authorities to give notice and opportunity to her before passing any orders on
the application of the said S.V.R.Durairaj, dated 19.05.2008. That writ petition
came to be disposed of by this Court by order dated 03.11.2009, ultimately
directing the authorities to consider the claim of the petitioner as well as the
said S.V.R.Durairaj and pass appropriate orders. The operative portion of the
said order in paragraph 7 is as follows:
“7. In view of the order passed by this Court as stated above, the petitioner is
a necessary party and he should have been given reasonable opportunity to put
forth his case for claiming the Secretaryship and no prejudice would be caused
to any person by giving such opportunity to the petitioner much less to the
fourth respondent herein. Therefore this Court is constrained to direct the
respondents 1 to 3 to give opportunity to the petitioner to put forth his case
before considering the application submitted by the fourth respondent herein
dated 19.05.2008 for the approval of the School Committee and thereafter after
hearing all the parties concerned and to pass orders on merits and in accordance
with law within a period of six weeks from the date of receipt of a copy of this
order. It is made clear that without giving opportunity to the petitioner, who
is a necessary party, no orders should be passed by the respondents 1 to 3 on
the application submitted by the fourth respondent herein dated 19.05.2008.”
4. Pursuant to the said orders, the educational authorities were
said to have given notice to the petitioner as well as the said S.V.R.Durairaj
and it is not in dispute the said S.V.R.Durariraj appeared before the second
respondent participating in the enquiry, however, the writ petitioner has not at
all appeared before the second respondent for certain reasons and therefore, the
present writ petition to forbear the respondents from passing orders granting
approval to the said S.V.R.Durairaj as the educational agency, stating that
civil proceedings are pending in respect of that.
5. The learned counsel for the petitioner would submit that even
though on earlier two occasions this Court has directed the educational
authorities to pass orders, the notice sent was received by the petitioner in
the last minute and due to heavy rainfall the petitioner was not able to appear
before the educational authorities and therefore, if only an opportunity is
given to her to putforth her contention before the educational authorities she
will be able to prove her case.
6. On the other hand, Mr.M.Joseph Thatheus Jerome, learned counsel
appearing for the 6th respondent would submit that the said S.V.R. Durairaj
appeared before the educational authorities who are about to pass orders.
7. In view of the submissions of the learned counsel for the
petitioner as well as the learned counsel appearing for the respondents, I am of
the view that the petitioner may be given one more opportunity to putforth her
case before the educational authorities, so as to comply with the earlier orders
passed by this Court.
8. Hence, the writ petitioner is permitted to appear before the
second respondent on 19.04.2010 at 10.00 A.M., in which event, the second
respondent shall give opportunity to the petitioner by hearing her case. It is
made clear that at the time of enquiry, it is open to the 6th respondent
S.V.R.Durairaj to be present and also be heard. Thereafter, it is for the
second respondent authority to pass orders within two weeks. The learned Special
Government Pleader would submit that the salary to the teachers of the school
are being paid by way of direct payment. The same is recorded and the same
shall be continue to be in operation. It is needless to say the second
respondent shall not pass any orders, till such enquiry.
9. With the above observations and directions, the Writ Petition is
disposed of. No costs. Consequently, connected M.P.(MD) No.1 of 2009 is closed.
sj
To
1.The Director of School Education,
College Road,
Chennai – 600 006.
2.The Joint Director of School Education,
College Road,
Chennai – 600 006.
3.The Chief Educational Officer,
Virudhunagar District,
Virudhunagar.
4.The District Educational Officer,
Aruppukkottai Educational District,
Aruppukottai – 626 101.
5.The District Registrar of Societies,
Virudhunagar District,
Virudhunagar.