JUDGMENT
P.K. Misra, J.
1. W.P. No. 13328/2001 has been filed by Bodinayakanur Tirumalapuram Nadargal Uravinmurai School Committee which is a Society registered under the Tamilnadu Societies Registration Act for quashing communication dated 29.6.2001 in R.C.No.1379/A2/2000-2 sent by the District Registrar (Administration) Periakulam to the District Educational Officer, Uthamapalayam and District Elementary Educational Officer, Theni, with a copy to the petitioner indicating that the resolutions passed in the general body meeting and special general meeting of the petitioner were in violation of Rule 25(1) of the Tamilnadu Societies Registration Rules 1978 and further intimating that such resolution had been returned to the Society.
2. W.P. No. 13329/2001 has been filed by the very same petitioner against the impugned order passed by the very same District Registrar (Administration). In the said proceedings, it has been indicated that the general body meeting and the special general body meeting had been held contrary to Rule 25(1) of the Tamilnadu Society Registration Rules, 1978 and as such the intimation in Form No. 7 given by the petitioner cannot be accepted and further returned such communication to the petitioner.
3. W.P.No. 14194/2002 has been filed by the Thirumalapuram Nadargal Uravinmurai Sangam which is a separate Society registered in 1998 under the Societies Registration Act against the order dated 26.6.2001 passed by the District Elementary Educational Officer, Theni, whereunder the latter has purported to grant approval for appointment of one Mr. R.S. Ravindaran, respondent No. 3 in the said writ petition as Secretary of Thirumalapuram Nadar Elementary School for the period from 19.1.2001 to 18.1.2004.
4.The petitioner in W.P.Nos.13328 & 13329/2001 was registered as a Society in 1964. Such Society was an Educational Agency in respect of Thirumalapuram Nadar Higher Secondary School and Thirumalapuram Nadar Elementary School. The Higher Secondary School was run by the “School Committee” consisting of six nominated members of the petitioner Society which was the Educational Agency and six other members including the Headmaster, three teachers, one non-teaching staff and a nominee of the Parent-Teacher Association. Similarly, the School committee in respect of Elementary School consists of 11 members, out of which six had been nominated by the petitioner Society being the Educational Agency and the other five comprised the Headmaster, the three senior-most teacher and Parent-Teacher Association nominee.
5. In the writ petitions filed by the aforesaid Society, it is admitted that the Registration of the Society had expired and necessary renewal process had been forwarded to the District Registrar and the matter was stated to be pending. It is alleged in such writ petitions that in the general body meeting of the Society held on 19.1.2001, 10 persons have attended and the following six persons were elected to the “School Committee” of the two Schools
(1) A.Ponnusami Nadar
(2) R.S. Ravindran
(3) S.M.K. Rajamani
(4) T.S. Soundarapandian
(5) L.V. Karuppasami
(6) S. Arumuga Rathinavel.
6. It is further stated that since there was a confusion in the name of the Society, the Clerk in charge thought that there was a change in the composition of the society itself and accordingly a communication was made in Form No. 7 under the Societies Registration Rules to the District Registrar, even though no such communication was necessary and the resolution only related to formation of the “School Committee” and had nothing to do with the constitution or re-constitution of the Registered Society. However, taking advantage of such confusion, certain members of the Society who had not been nominated to the school Committee of the two schools addressed a protest letter dated 22.1.2001 contending that they had not resigned from the said Society. Subsequently, by communication dated 17.4.2001, the Society sent a clarification indicating that erroneously it had been mentioned that six of the members of the petitioner Society had resigned from the Society, whereas actually their term as member of the “School Committee” had come to an end and therefore, only six members were elected to the “School committee” and the general body had been convened only for that purpose. It was further indicated that the communication made in Form No. 7 was redundant and unnecessary. However, on the basis of the representation of six members, the District Registrar under the impugned communication dated 29.6.2001 addressed to the District Elementary Educational Officer indicated that the general body meeting and extraordinary general body meeting dated 19.1.2001 and 2.4.2001 were contrary to Rule 25(1) of the Tamilnadu Societies Registration Rules. Such order and the consequential communication by the District Registrar had been impugned in W.P.Nos.13328/2001 and 13329/2001 on the ground that the order passed by the District Registrar was based on misconception regarding the true facts and has been erroneously passed.
7. In the connected W.P. No. 14194/2002 which has been filed by another Society registered in the year 1998, it is contended that the petitioner in W.P. No. 13328/2001 which had been registered in 1964 as a Society had become defunct after 1984, and it has ceased to submit its annual report. It had not taken any steps to run the two Schools. It has been further submitted that thereafter the School has been run through the members of the latter Society and the School Committee was reconstituted from time to time. W.P.Nos.5953 and 6449/1998 which had been filed challenging the same had been dismissed thus, giving the stamp of approval to such School Committee in respect of both the Schools. It is further contended that since the earlier Society had become defunct, it had no jurisdiction to interfere with the administration of both the schools. It is further indicated that the re-constitution of the School Committee done by the Society namely Thirumalapuram Nadargal Uravinmurai Sangam, was pending and at that stage, the District Elementary Educational Officer has erroneously accorded approval by order dated 26.6.2001 to the so-called School Committee elected by the defunct Society.
8. All the three writ petitions had been heard together. It is apparent that the main dispute relates to formation of the School committee to look after the running of the two Schools. The question as to whether the earlier Society has become defunct or not is a matter which has to be decided under the Tamil Nadu Registered Societies Act by the appropriate authority. On the other hand, it is apparent that the School committee nominated by the latter Society had remained in charge at some point of time but there is some dispute relating to such Committee. The question raised in the writ petitions are mainly disputed questions of fact. Moreover, even the period of three years in respect of the committee approved under the impugned order dated 26.1.2001 was about to come to an end at the time of hearing of the writ petitions and has apparently expired, in the meantime. The dispute is related to the validity of the educational Agency or School committee, which can be better resolved by taking resort to Sections 53-A of the Tamilnadu Recognised Private schools (Regulation) Act 1973. It is obvious that such matter can be raised before the civil Court by any of the persons interested. If any such matter is taken to the civil Court, it is always open to the civil Court to pass appropriate orders regarding the management of the School in question. Even otherwise, it would be open to the competent Educational authority to make arrangements for running of the School. It is also made clear that if any resolution has been passed by either of the petitioners or both of them, such resolution may be considered on their own merits by the appropriate Educational authority.
9. Having regard to the peculiar facts and circumstances of the case, all the writ petitions are disposed of with the observation that it would be open to any of the aggrieved party to raise appropriate dispute before the civil Court and further it is open to the appropriate Educational Authority to take appropriate action or proper running of the School in accordance with the provisions contained in the Tamilnadu Recognised Private Schools Regulation Act. It is also made clear that the dispute relating to the society involved in W.P.Nos.13328 and 13329/2001 are also required to be decided by the appropriate authority under the Tamilnadu Societies Registration Act 1975.
10. All the writ petitions are accordingly disposed of, subject to the aforesaid observation without any order as to costs. Consequently, W.M.P. Nos. 19141 & 19142 of 2002 are closed.