IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 12/04/2002
CORAM
THE HONOURABLE MR.JUSTICE A.K.RAJAN
Writ Petition No.4210 of 1994
and
WMP.Nos.6721 and 6722 of 1994
Irukovel Primary School
Mudivaithanenthal,
rep. By its
Manager, S.Balakrishnan,
V.O.C District. Petitioner
Versus
1. Chief Educational Officer,
VOC District at Tuticorin,
Office of the Chief Educational
Officer, Tuticorin
2. District Educational Officer,
Tuticorin Educational Circle,
Tuticorin, Office of the District
Educational Officer, Tuticorin
3. Assistant Educational Officer,
Tuticorin Block at Pudukottai
4. Mr. S. sankarappan,
Assistant Educational Officer
Tuticorin Block at Pudukottai Respondents
Prayer: Petition filed under Article 226 of the Constitution of
India, praying to issue a writ of Certiorari, as stated therein.
For Petitioner : Mr. K.V. Subramaniam
For Respondents : Mr. Arvind Subramanian
Government Advocate (Education)
:ORDER
This writ petition is for issuance of a writ of certiorari to call for
the records of the respondents 3 and 4 in respect of the visit report dated
07.02.1994 in respect of the petitioner’s school and quash the same.
2. The petitioner is a primary school running under the Private
school Regulations Act and Rules. The main prayer in the writ petition is to
quash the report dated 07.02.1994 made by the third respondent who was
Assistant Educational Officer, Tuticorin.
3. In the affidavit certain malafide was also alleged against the
third respondent. But, for the purpose of deciding this case, those grounds
are not necessary to consider. Therefore, no argument was advanced by the
learned counsel for the petitioner on that aspect.
4. The only point for the purpose of disposing of this writ petition
is as to whether inspection done by the third respondent is legally valid or
not. The Tamil Nadu Recognised Private Schools Regulations Rule-27 is as
follows:
27. Inspection or Enquiry: (i) The competent authority to cause an
inspection of or inquiry in respect of any private school, its buildings,
laboratories, libraries, workshops and equipment and also of the examinations,
teaching and other work conducted or done by the private school to be made by
such person or persons as it may direct and to cause an inquiry to be made in
respect of any other matter with the private school shall be the following,
namely:-
Schools Competent Authority
(a) Pre-primary, Primary and District Educational
Middle schools Officer
(b) High Schools and Teachers Chief Educational
Training Institutes Officer
A perusal of this Rule shows that in a case of preprimary, primary
school and middle school, the competent authority to inspect was only the
District Educational Officer. Admittedly, in this case, the inspection was
conducted by the Assistant Educational Officer who has no power under the said
Rule to inspect the primary school.
5. The learned counsel appearing for the respondents has submitted
that this power has been delegated. No delegation of power has been brought
to the notice of this Court. Further, there cannot be any delegation of power
when the rules does not provided for such delegation. Therefore, the
Assistant Educational Officer has no right or power to inspect the primary or
preprimary or middle schools. Therefore, any act or inspection by the third
respondent under this rule cannot be legally valid. Hence, the inspection
made by the Assistant Educational Officer on 07.02.1994 is not in accordance
with the rules and is not legal. Therefore, it has no legal validity in the
eye of law. Therefore, the prayer in the writ petition to quash the report is
granted and the inspection report dated 07.02.1994 is quashed. Consequently,
WMP.Nos.6721 and 6722 of 1994 are closed. No costs.
Index:YES/NO 12.04.2002 WEB: YES ksr To 1. Chief Educational Officer, VOC District at Tuticorin, Office of the Chief Educational Officer, Tuticorin 2. District Educational Officer, Tuticorin Educational Circle, Tuticorin, Office of the District Educational Officer, Tuticorin 3. Assistant Educational Officer, Tuticorin Block at Pudukottai 4. Mr. S. sankarappan, Assistant Educational Officer Tuticorin Block at Pudukottai A.K.RAJAN,J. KSR. W.P. No.4210 of 1994 and WMP.Nos.6721 and 6722 of 1994