S N KRISHNASAMY Vs. ADDITIONAL DIRECTOR

JUDGEMENT

(1.) Heard both sides.

(2.) W.P.(MD)No.4273 of 2009: The petitioner claims to be the Secretary of the V.V. Higher Secondary School in Venkatachalapuram, Theni District and according to him, he was elected as Secretary of the school through a resolution passed by the Administrative Committee on 31.12.2006. According to him, Form VII was sent to the District Registrar, Periyakulam on 22.01.2007 and the District Registrar, Periyakulam has taken Form VII on file, by his proceedings No.815/R2/2007, dated 21.08.2007 and his appointment as Secretary of the school was approved by the District Educational Officer on 01.11.2007 for a period of three years. While so, the 2nd respondent was informed by the 3rd respondent that Form VII submitted by the petitioner for havingn elected him as Secretary was not taken on file and hence, there is no question of the petitioner acting as Secretary from 07.01.2007 to 06.09.2010 and issued an order, dated 08.05.2007, which is challenged in this writ petition.

(3.) The 2nd respondent filed a counter stating that the 3rd respondent viz., the District Registrar, by his proceedings No.815/R2/2007, dated 21.08.2007 has not approved or taken on file the Form VII submitted by the Society by which the petitioner was elected as Secretary of the school by the resolution, dated 31.12.2006 and it was also made clear by the District Registrar, Periyakulam, by his proceeding No.1836/A2/2009, dated 23.03.2009 that in respect of the resolution passed on 31.12.2006 whereby the petitioner was elected as Secretary of the school, along with the minutes of the meeting held on 31.12.2006, the annual report, dated 20.05.2006, Form VII was filed. But, Form VII was not recognised or taken on file and therefore, the petitioner was not recognised as Secretary of the school by the District Registrar and hence, the earlier order passed by the 2nd respondent on 01.11.2007 on the assumption that the petitioner's appointment as School Secretary was approved by the District Registrar was found to be erroneous and hence, the order, dated 01.11.2007 issued by the 2nd respondent, by his proceedings No.3240/A2/2007 is cancelled and there is no illegality or error in passing the said order.