R RAMSUNDAR PRESIDENT SWAMI VIVEKANANDA VIDYALAYAM HIGHER SECONDARY SCHOOL Vs. JOINT DIRECTOR OF HIGHER SECONDARY EDUCATION

JUDGEMENT

(1.) This writ petition has been filed for quashing the order dated 30.3.2001 in proceedings No.Na.Ka.14552/A4/2001 and for the issue of a Writ of Certiorarified Mandamus to the respondents 1 to 3 and to forbear them from interfering with the powers of the petitioner school in the matter relating to appointment and other incidental powers as envisaged under Tamilnadu Private School (Regulation) Act 1973.

(2.) In 1950 Swami Vivekananda Vidyalayam Higher Secondary School was established by late S.R.Nagi Reddiar, the grandfather of the petitioner. It is not disputed that from 1950 till 1963 the grandfather of the petitioner was the Secretary and from 1963 to 1976, the father of the petitioner was the Secretary. It is claimed that after 1976, the mother of the petitioner is continuing as the Secretary. In 1977, paternal uncle of the present petitioner, the present fourth respondent was appointed as Headmaster of the School. The spate of litigation relating to school started in 1997, when O.S.No.155 of 1997 was filed by the present fourth respondent for declaration that the Managing Committee of the School has not been validly formed. In Interim Application No.420 of 1997, the Civil Court observed that the Secretary is at liberty to convene the School Committee. Subsequently, another suit viz., O.S.No.327 of 1997 was filed by the present fourth respondent claiming that he was the President of the Educational Agency of the School. Both the suits are stated to be pending. On 15.5.1998, the fourth respondent filed W.P.No.7220 of 1998 seeking for direction to appoint a Special Officer for the school. The said writ petition and connected writ petition were disposed of on 9.9.1998 wherein the learned Single Judge inter alia directed the Government to appoint a Special Officer. The aforesaid common order was challenged by the School in W.A.Nos.1263 and 1264 of 1998 and an order of status-quo was passed. Subsequently, by an order dated 24.3.1999, the Chief Educational Officer passed an order according approval to the managing committee. On 22.12.1999, the Writ Appeal Nos.1263 and 1264 of 1998 were disposed of with the observation that there was no necessity to appoint a Special Officer as the matter was pending before the Civil Court and can be dealt with by the Civil Court. Pursuant to the abovesaid observation, on 7.3.2000, the Chief Educational Officer passed order permitting the management to function as before and the order relating to direct payment was withdrawn. W.P.No.18673 of 2000 filed by the fourth respondent was disposed of at the stage of admission on 7.11.2002 by directing that representation filed for appointment of Special Officer should be considered. Writ Appeal No.2236 of 2000 which was filed by the management against the order dated 7.11.2000 was disposed of by the Division Bench by directing the authorities to consider the legality, propriety and tenability of the representation of the present fourth respondent. Acting upon the direction in W.P.No.18673 of 2000, the Chief Educational Officer passed an order on 30.3.2001 for direct payment, which has been challenged in W.P.No.6938 of 2001.

(3.) The impugned order is to the following effect:- “ . . . As per the orders of the High Court in W.P.No.18673/2000 filed by Mr.N. Rangarajan, Ex.Headmaster of S.V.V. Higher Secondary School, Vairichettipalayam, Hon’ble High Court by its order on 7.11.2000 had directed the 4th respondent the chief educational officer to consider passing direct payment to the school within a period of 4 months. Hence, as per proceedings of the Director referred above, since the issue of educational agency disputed in the suit is not finalised and since the Joint Director (Higher Education) has not approved the educational agency from 1996, it is ordered that the District Educational Officer, Musiri shall function directly to issue the grant due to the teachers and advance, festival advance, surrender leave benefit, other leave benefits, yearly increment, re-appointment, pensionary benefits and other incentives as a interim measure till orders are issued regarding appointment of special officer. . .”