M BALASUBRAMANIAN Vs. SECRETARY EDUCATION DEPARTMENT

JUDGEMENT

(1.) THESE Writ Appeals arise out of the order of the single Judge dated 24.9.2007 made in W.P.(MD) Nos.10270 of 2005 and 4844 of 2006 respectively on the file of this Court, whereby the learned single Judge declined to quash the order passed by the 4th respondent, approving School Committee list.

(2.) MELASEETHAI Sethumanickam High School is one of the partly aided management High schools in Ramanathapuram District. The 5th respondent - M.Sethumanickam is the Secretary of the School. The Management has established the Trust in the name and style of 'Sri Muniyandia Pillai Memorial Educational Trust' for the purpose of establishing a Teacher Training Institute. The petition mentioned middle school was upgraded as High school in the year 1995. As per Rule 12(1) of the Tamil Nadu Recognized Private Schools (Regulation) Rules 1974, the educational agency of every private school shall constitute a School Committee and the same has to be sent for approval/renewal to the District Educational Officer in that District. The School Management has sent the School Committee list on 10.10.2004 and after verification, the 4th respondent/District Educational Officer approved the same by the proceedings dated 20.8.2005.

(3.) THE learned counsel appearing for the appellant would submit that it is not a dispute between the educational agency and while so, the learned single Judge was not right in saying that the parties should approach the Civil Court and Section 53-A of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 has no application. It was further argued that the fifth respondent was not able to establish as to under what authority or power he alone can appoint the members of the School Committee and while so, the fourth respondent cannot blindly approve the School Committee list sent by the fifth respondent.