{"id":201052,"date":"2002-08-08T00:00:00","date_gmt":"2002-08-07T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/b-thirunavukkarasu-vs-the-district-collector-and-on-8-august-2002"},"modified":"2014-01-26T21:15:22","modified_gmt":"2014-01-26T15:45:22","slug":"b-thirunavukkarasu-vs-the-district-collector-and-on-8-august-2002","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/b-thirunavukkarasu-vs-the-district-collector-and-on-8-august-2002","title":{"rendered":"B.Thirunavukkarasu vs The District Collector And on 8 August, 2002"},"content":{"rendered":"<div class=\"docsource_main\">Madras High Court<\/div>\n<div class=\"doc_title\">B.Thirunavukkarasu vs The District Collector And on 8 August, 2002<\/div>\n<pre>       \n\n  \n\n  \n\n \n \n IN THE HIGH COURT OF JUDICATURE AT MADRAS\n\nDATED: 08\/08\/2002\n\nCORAM\n\nTHE HONOURABLE MR.  JUSTICE K.P.SIVASUBRAMANIAM\n\nWRIT PETITION No.9708 of 1995\n\nB.Thirunavukkarasu                                     Petitioner.\n\n-Vs-\n\n1. The District Collector and\n   Chattram Administrator-cum-\n   President,\n   Rajah's Higher Secondary\n   School committee,\n   Thanjavur\n\n2. The Rajah's Higher Secondary School,\n   by its Secretary to the School\n   Committee Tahsildar,\n   Thanjavur.\n\n3. The District Educational Officer,\n   Thanjavur\n\n4. R.Paneerselvam\n\n5. K.Selvaraj                                                   Respondents.\n\n                Petition filed under Article 226 of the Constitution of  India\npraying for the issue of a writ of certiorarified mandamus as stated therein.\n\nFor petitioner                 :  Mr.K.Chandru,\n                                Senior Counsel, for\n                                Mr.G.Jeremiah\n\nFor respondents 1 &amp; 2  :  Mr.R.Muthukumaraswamy,\n                        Senior Counsel, for\n                        Mr.S.Kasirajan\n\nFor 3rd respondent              :  Miss.V.Velumani,\n                                Addl.  Govt.  Pleader.\n\nFor 4th respondent              :  Mr.V.Venkataswamy\n\n\n:ORDER\n<\/pre>\n<p>                This  writ  petition  has been filed by a Selection Grade P.G.<br \/>\nAssistant in the second respondent School.  According  to  him,  he  possesses<br \/>\nM.A.,M.Ed.qualification  and  he  was  initially  appointed  on 1.12.1972 as a<br \/>\nB.T.Assistant.  He was promoted as P.G.Assistant on 7.12.1984 and he continues<br \/>\nto hold the post of P.G.Assistant.  The second respondent school is  an  aided<br \/>\nprivate  institution  governed  by the provisions of the Tamil Nadu Recognised<br \/>\nPrivate Schools (Regulation) Act, 1973, (hereinafter called &#8220;the  Act&#8221;).    On<br \/>\n30.6.1994,  the  post  of  Headmaster  of  the School s fell vacant due to the<br \/>\nsuperannuation of the previous incumbent.  He was fully qualified for the said<br \/>\npost.  He applied for  the  said  post.    Though  the  post  fell  vacant  on<br \/>\n30.6.1994, no  process  was  initiated  for  filling up the vacancy.  All of a<br \/>\nsudden a meeting of the School  Committee  was  called  for  on  24.3.1995  to<br \/>\nconsider the  appointment  of Headmaster.  The School Committee which was duly<br \/>\nconstituted met on 24.3.1995 and resolved  to  constitute  a  subCommittee  to<br \/>\ninterview  the  three  candidates who had applied for the post of Head Master.<br \/>\nThe  School  Committee  had  directed  the  Sub-committee  to  recommend   the<br \/>\nappointment of Headmaster on the basis of merit and ability of the candidates.<br \/>\nThe candidates were initially informed that an interview would be conducted on<br \/>\n7.4.1995 and subsequently it was cancelled and that they were called to appear<br \/>\non 17.4.1995 for verification of the original certificates.  On 17.4.1995 when<br \/>\nhe  appeard  before  the  Sub-Committee  and  produced  the  certificates,  no<br \/>\ninterview was conducted nor any question was put to him.    The  Sub-Committee<br \/>\nconsisted of  only  one person namely, P.A.  to the Chief Educational Officer,<br \/>\nThanjavur, who was not a member of the School Committee.   Therefore,  it  was<br \/>\nnot a   properly   constituted   School  Committee.    On  the  basis  of  the<br \/>\nrecommendations of the Sub-Committee , the second respondent had appointed the<br \/>\nfourth respondent on his own accord without even placing  the  recommendations<br \/>\nof the  Sub-Committee  before  the  entire  School  Committee.  Therefore, the<br \/>\nentire action of the respondents  in  appointing  the  fourth  respondent  was<br \/>\ncontrary to  the  provisions  of the Act and Rules.  Though the petitioner had<br \/>\nforwarded representations there was no proper response from  the  respondents.<br \/>\nThe petitioner would further state that although Rule 15(4A) provides a remedy<br \/>\nby  way  of  appeal,  the  same  was  not efficacious for the reasons that the<br \/>\nimpugned order was passed in violation of the Rules  and  that  the  Appellate<br \/>\nAuthority was subordinate in service to the first respondent.\n<\/p>\n<p>                2.   In  the  counter of the first respondent, it is contended<br \/>\nthat the fourth respondent was a directly appointed P.G.Assistant with  effect<br \/>\nfrom  21.10.1990  with  total service of 13 years and the fifth respondent was<br \/>\nalso appointed as P.G.Assistant on 9.2.1983 with total service  of  11  years.<br \/>\nThe  petitioner  was  promoted as P.G.Assistant only on 7.12.1984 with a total<br \/>\nservice of nine years and as such the petitioner was the junior-most among the<br \/>\nthree candidates and the fourth respondent,who was senior-most among the three<br \/>\ncandidates, was selected.  The constitution of  the  Sub-Committee  was  quite<br \/>\nlegal consisting  of  two  persons  namely,  P.A.   to the District Collector,<br \/>\nP.G.Assistant representing the School Committee and third one  P.A.    to  the<br \/>\nChief Educational  Officer, Thanjavur.  Though the last one was not one of the<br \/>\nmembers of the School Committee, he was brought into Sub-Committee  so  as  to<br \/>\nverify   and   clarify  different  Rules  and  proceedings  of  the  Education<br \/>\nDepartment.  An interview was conducted and questions  were  put  to  all  the<br \/>\ncandidates and  certificates  of each candidate were duly scrutinised.  It was<br \/>\nnot correct to state that the recommendation  of  the  Sub-Committee  was  not<br \/>\nplaced before  the  School Committee.  Following the recommendations, the same<br \/>\nwas submitted to the School Committee and orders were obtained by circulation.<br \/>\nThe selection report was also circulated  among  the  members  of  the  School<br \/>\nCommittee  for  their  acceptance and the same was approved by the majority of<br \/>\nthe members of the School Committee.  Only  on  the  approval  by  the  School<br \/>\nCommittee, orders  appointing  the  fourth respondent were issued.  Therefore,<br \/>\nthe procedure of appointment was fully satisfied by the Rules and Regulations.\n<\/p>\n<p>                3.  In the counter, reasons have also been given for  choosing<br \/>\nthe fourth respondent which are as follows:-\n<\/p>\n<p>&#8221;       (1)  He  has  worked  as  Assistant  Headmaster for nearly 3 years and<br \/>\nHeadmaster (incharge) for nearly 10 months in an efficient manner.\n<\/p>\n<p>        (2) He has  passed  Account  Test  for  Executive  Officers  which  is<br \/>\nconsidered as additional qualification.\n<\/p>\n<p>        (3) He has served as Parent Teacher Association Treasurer.<br \/>\n        (4)  He  has  arranged  for cultural programme during VIII World Tamil<br \/>\nConference and got appreciation letter  from  the  District  Revenue  Officer,<br \/>\nChief Educational Officer and Commissioner, Thanjavur Municipality.\n<\/p>\n<p>        (5) He has taken part in Arivoli Iyakkam.\n<\/p>\n<p>        (6) Participated in World Aids awareness day.\n<\/p>\n<p>        (7) Worked as Chief Superintendent of Examination.\n<\/p>\n<p>        (8)  Obtained  satisfactory  report in the Audit and in the Inspection<br \/>\nreport by Chief Educational Officer.\n<\/p>\n<p>        (9)  Merit  and  ability  certificate   from   previous   two   school<br \/>\nsecretaries, two Headmasters, Vice-Chancellor, M.P.  and M.L.A.&#8221;\n<\/p>\n<p>                4.   In  the  counter  filed on behalf of the third respondent<br \/>\nalso, the very same pleadings have been stated.\n<\/p>\n<p>                5.   In  the  counter  of  the  fourth  respondent,   selected<br \/>\ncandidate,  he  has  contended  that  he  was  the senior-most among the three<br \/>\ncandidates whose claims were considered by the School  Committee.    He  would<br \/>\nalso  contend  that the constitution of the tee was justified and there was no<br \/>\nillegality.  There was proper delegation by the School Committee in favour  of<br \/>\nthe  sub-committee  and  the  recommendation  of  the  sub-Committee  was duly<br \/>\nconsidered by the School Committee and there was no  error  in  the  procedure<br \/>\nthus adopted.\n<\/p>\n<p>                6.   Mr.K.Chandru,  learned  Senior  Counsel appearing for the<br \/>\npetitioner, raised the following points:-\n<\/p>\n<p>        (i) In terms of the provisions under the Act and Rules the appointment<br \/>\ncan be made only by the School Committee and under Section 18 of the  Act,  it<br \/>\nis  only  the  Committee  which  was  endowed with the powers to carry out the<br \/>\nfunctions enlisted thereunder which includes the power to appoint teachers and<br \/>\nother employees.\n<\/p>\n<p>        (ii) Admittedly, one  of  the  members  of  the  Sub-Committee  was  a<br \/>\nstranger   namely,  Personal  Assistant  to  the  Chief  Educational  Officer,<br \/>\nThanjavur.  Even if a Sub Committee could be constituted, no stranger  can  be<br \/>\ninducted.\n<\/p>\n<p>        (iii)  The  procedure  of  obtaining  an  approval  by circulating the<br \/>\nresolution is ultra vires of the provisions of the Act and  in  this  context,<br \/>\nlearned senior  counsel  relies  on  the  judgment  of  E.Padmanabhan,  J.  in<br \/>\n<a href=\"\/doc\/205660\/\">RANGANATHAN, C.  v.  THE PRESIDENT\/SECRETARY OF  SCHOOL  COMMITTEE,  ETC.    &amp;<br \/>\nANOTHER<\/a> (1997  Writ  L.R.,  489).    He  would further submit that the process<br \/>\nadopted by the respondents was totally illegal and a perusal  of  the  counter<br \/>\nitself  would  disclose  that there were certain other extraneous pressures in<br \/>\nchoosing the fourth respondent on the recommendation of the local M.L.A.   and<br \/>\nM.P.   This  had  become  possible  only  because  of  the adoption of unusual<br \/>\nprocedure of constituting a SubCommittee and obtaining orders on circulation.\n<\/p>\n<p>                7.  Mr.R.Muthukumaraswamy, learned  Senior  counsel  appearing<br \/>\nfor  the  official  respondent as well as the School, would contend that there<br \/>\nwas no illegality in the delegation of the process of selection to a  properly<br \/>\nconstituted sub-committee.    The decision to entrust the process of selection<br \/>\nto the Sub-Committee was taken by the School Committee itself.  Learned Senior<br \/>\ncounsel would also submit that there was  nothing  wrong  in  a  third  person<br \/>\nhaving taken part in the selection process.\n<\/p>\n<p>                8.   In  this  context,  learned Senior counsel would refer to<br \/>\nSection 1 7 of the Act which is to the effect that the School Committee  shall<br \/>\nmeet  and  observe  such  rules  of  procedure in regard to the transaction of<br \/>\nbusiness at its meeting as may be prescribed.  Therefore,  the  delegation  of<br \/>\nthe  function  of interviewing the candidates to a SubCommittee was within the<br \/>\npowers of the School Committee.  He would also draw a comparison to the  usual<br \/>\nprocess  of  appointing Enquiry Officers whenever disciplinary proceedings are<br \/>\ninitiated against the employees.  On the strength of the said analogy, learned<br \/>\nSenior counsel would contend that the involvement of a third person or seeking<br \/>\nthe assistance of a third person cannot vitiate  the  entire  proceedings,  so<br \/>\nlong as the ultimate decision is taken by the School Committee.\n<\/p>\n<p>                9.   As  regards  the  orders  obtained  by circulating files,<br \/>\nlearned Senior Counsel contends that the  decision  of  E.Padmanabhan,J.    as<br \/>\naforesaid will not apply as the said case related to a disciplinary proceeding<br \/>\nand not  selection  and  appointment  of  a  Head Master.  Therefore, the said<br \/>\nruling will not apply to the facts of the present case.\n<\/p>\n<p>                10.I have also heard learned counsel for the fourth respondent<br \/>\nwho would submit that the fourth respondent was the seniormost person  and  as<br \/>\nsuch his  selection  was  perfectly  justified.    It  was  open to the School<br \/>\nCommittee to assess the comparative merits and the decision of  the  competent<br \/>\nauthority  to  device the process of selection cannot be questioned before the<br \/>\nCourt.\n<\/p>\n<p>                11.  I have considered the submissions of both sides.  As  far<br \/>\nas the constitution of the Sub-Committee is concerned, I am inclined to accept<br \/>\nthe  contention  raised  on  behalf  of the respondents considering that under<br \/>\nSection 17 of the Act, the  School  Committee  was  free  to  evolve  its  own<br \/>\nprocedure.   For  the same reason, I am also unable to conclude that there was<br \/>\nany illegality in seeking the assistance of an outsider as one of the  members<br \/>\nof the  Sub-Committee.  It is stated that his assistance was utilised so as to<br \/>\nbe fully conversant with the Rules and Regulations.  As long as  the  ultimate<br \/>\ndecision  is  properly  taken  by  the  School  Committee,  the mere fact that<br \/>\nfunctions of the selection process was left to a Sub-Committee  cannot  result<br \/>\nin vitiating  the  entire proceedings.  The function of the Sub-Committee, was<br \/>\nonly to evaluate and place  their  recommendation  for  consideration  by  the<br \/>\nSchool Committee.\n<\/p>\n<p>                12.   However,  I  am  unable  to  sustain  the  action of the<br \/>\nrespondents in having obtained orders on circulation.  A perusal of Section 18<br \/>\nof the Act as well as Rule 14 of the Tamil Nadu Private Schools ( Regulations)<br \/>\nRules, 1974 reveals that they do  not  contemplate  decisions  of  the  School<br \/>\nCommittee being  taken  by circulation of files.  While Section 18 states that<br \/>\nthe School Committee shall be the responsible body for the educational  agency<br \/>\nand  is authorised to carry out the functions enlisted therein, Rule 14 of the<br \/>\nRules deals with the Meeting of the School Committee.  In terms  of  the  said<br \/>\nRule,  meetings  shall  be  conducted  after  giving at least seven days clear<br \/>\nnotice in writing and at least 50  per  cent  of  the  total  members  of  the<br \/>\ncommittee are  present.  No other process of the School Committee for taking a<br \/>\ndecision and that too by circulation of files is contemplated under the Rules.<br \/>\nThis issue has been dealt with by E.Padmanabhan,J.  in the aforesaid  judgment<br \/>\nand held that there was no provision which would enable the institution to get<br \/>\na resolution  passed  by  the  School  Committee  by  circulation.  The School<br \/>\nCommittee being the creature of the statute has to act according to the  Rules<br \/>\nand it cannot act in a different manner.\n<\/p>\n<p>                13.   Apart  from  the aforesaid reason, it has to be borne in<br \/>\nmind that the very purpose of convening of the meeting of the School Committee<br \/>\nis to have a proper discussion on the pros  and  cons  of  the  issues  to  be<br \/>\ndeliberated by  the  School Committee.  In contrast, circulation of files will<br \/>\nnot justify the required democratic manner of functioning of the Committee, in<br \/>\nthe absence of proper discussion among the members and  communication  of  the<br \/>\nobjections or  reasons  to  support or to oppose a resolution.  In the present<br \/>\ncase, it is also seen that certain officials have been casting a shadow on the<br \/>\nindependence of the School Committee.  Apart from the fact that  the  decision<br \/>\nwas  taken  by  a Sub-Committee consisting of a stranger, recommendations of a<br \/>\nMember of Parliament and a Member of Legislative Assembly also appears to have<br \/>\nweighed with the recommendations of the Sub-Committee.  This fact is  admitted<br \/>\nin  the  counter  itself  and reliance is placed on the recommendations of the<br \/>\nVice-Chancellor, Member of  Parliament,  Member  of  Legislative  Assembly  in<br \/>\nfavour of  the  fourth respondent.  These features are totally unwarranted and<br \/>\nwould vitiate the proceedings.  These features assume  importance,  especially<br \/>\nin  the  context  of obtaining views of the members of the School Committee by<br \/>\ncirculation of files.  The School Committee has  to  independently  apply  its<br \/>\nmind  in a collective manner and without being constrained by any restriction,<br \/>\nshould be able to take the decision after due discussions,  which  is  totally<br \/>\nabsent in  the  present  case.  Though the constitution of the SubCommittee by<br \/>\nitself may not be illegal, the manner in which the school Committee had  dealt<br \/>\nwith  the  matter, reveals that the School Committee appears to have abandoned<br \/>\nits powers very probably due to the presence of officials in the Sub-Committee<br \/>\nand the recommendations in favour  of  the  fourth  respondent  by  extraneous<br \/>\nsources.\n<\/p>\n<p>                14.   Therefore,  the petitioner is entitled to succeed on the<br \/>\nground that the ultimate  decision  taken  by  the  School  Committee  by  not<br \/>\nfollowing  the  procedure  contemplated  under  Rule  14,  is violative of the<br \/>\nprovisions of the Act and Rules and hence, cannot be sustained.\n<\/p>\n<p>                15.  In the result, the petitioner  is  entitled  to  succeed.<br \/>\nHowever,   this   Court  cannot  direct  the  appointment  of  the  petitioner<br \/>\nautomatically  on  setting  aside  the  impugned  selection  of   the   fourth<br \/>\nrespondent.   There  has  to  be  a  proper  assessment  of  merits of all the<br \/>\ncandidates by  a  properly  constituted  School  Committee  in  terms  of  the<br \/>\nprovisions of  the Act and Rules.  Therefore, while setting aside the order of<br \/>\nappointment  of  the  fourth  respondent,  the  respondents  are  directed  to<br \/>\nforthwith convene the School Committee meeting and to issue fresh orders after<br \/>\ncalling for  a  meeting  of  the  School  Committee.   The School Committee is<br \/>\ndirected to convene a meeting for the said purpose and pass appropriate orders<br \/>\nwithin a period of 30 days from the date of receipt of  copy  of  this  order.<br \/>\nThe writ petition is ordered accordingly.  No costs.\n<\/p>\n<pre>Index:  Yes.                                                    08.08.2002\nInternet:  Yes.\nsai\/-\n\nTo\n\n1.  The District Collector and\nChattram Administrator-cum-\nPresident,\nRajah's Higher Secondary\nSchool committee,\nThanjavur\n\n2.  The Rajah's Higher Secondary School,\nby its Secretary to the School\nCommittee Tahsildar,\nThanjavur.\n\n3.  The District Educational Officer,\nThanjavur\n\n\n\n\n\n\n<\/pre>\n","protected":false},"excerpt":{"rendered":"<p>Madras High Court B.Thirunavukkarasu vs The District Collector And on 8 August, 2002 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08\/08\/2002 CORAM THE HONOURABLE MR. JUSTICE K.P.SIVASUBRAMANIAM WRIT PETITION No.9708 of 1995 B.Thirunavukkarasu Petitioner. -Vs- 1. The District Collector and Chattram Administrator-cum- President, Rajah&#8217;s Higher Secondary School committee, Thanjavur 2. The Rajah&#8217;s Higher [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,13],"tags":[],"class_list":["post-201052","post","type-post","status-publish","format-standard","hentry","category-high-court","category-madras-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>B.Thirunavukkarasu vs The District Collector And on 8 August, 2002 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/b-thirunavukkarasu-vs-the-district-collector-and-on-8-august-2002\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"B.Thirunavukkarasu vs The District Collector And on 8 August, 2002 - Free Judgements of Supreme Court &amp; 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