K AMMAYAPPAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition is filed by the Petitioner, who is a member of the school committee of Murugan Elementary School, Punalveli Post, Rajapalayam Taluk, Virudhunagar District, for a direction against the second Respondent, the District Elementary Educational Officer, Virudhunagar, to initiate action in accordance with Section 53(A)(i) of the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973 [hereinafter referred to as "the Act"] in respect of the affairs of the fourth Respondent school.

(2.) According to the Petitioner, the third Respondent was not a duly elected Secretary of the school committee of Murugan Elementary School, since the educational agency consisting of the Petitioner as well as the third Respondent and Ors. have never nominated the third Respondent as a Secretary of the school committee and, therefore, there has been a genuine dispute regarding the nomination of the third Respondent as the Secretary of the school committee.

(3.) It is stated by the learned Counsel appearing for the Petitioner that the community members have made a representation on 19.01.2009. It is doubtful as to whether the representation of community members can be considered, in the light of Section 53(A)(i) of the Act, which is as follows: