N. SOMU @ SOMASKANTHAN Vs. DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) PUBLIC Interest Litigation in W.P.(MD) No.15001 of 2010 has been filed to quash the Proceedings dated 20.8.2010 in Moo.Mu.No.01441/A3/10 issued by the District Elementary Educational Officer, Thanjavur and consequently, direct the Respondents 1 to 3 to take appropriate measures for effective and proper running of Sri Konganeswara Vidhyasala Elementary School, Mela Veedhi, Thanjavur. W.P.(MD) No.5123 of 2012is filed by the Secretary of Sri Konganeswara Vidhyasala Elementary School challenging the Proceedings of the District Elementary Educational Officer, Thanjavur in Na.Ka.No.2085/A3/2012 dated 09.04.2012, in which "direct payment" of salary was ordered.

(2.) SINCE both the Writ Petitions relate to the administration of the School, both were taken up together and disposed of by this common order. For convenience, the parties are referred as per their array in W.P.(MD) No.15001 of 2010.

(3.) CONSEQUENT to the fire accident that took place in Kumbakonam on 16.7.2004, the Government as well as the Department are taking steps to provide infrastructure facilities based on the recommendation of Justice K.Sampath Commission. The inspecting officer advised the school Management to provide required facilities. By the Proceedings in Na.Ka.No.01441/A3/2010 dated 07.7.2010, the school was brought under "direct payment" system on certain violation viz., (i) school functioning in the temple; (ii) appointment made without getting approval. Management gave assurance for construction of its own building as per the plan produced and also undertaking the responsibility for the safety of children. Based on the said assurance, the District Elementary Educational Officer, Thanjavur issued a revised notification in Moo.Mu.No.01441/A3/2010 dated 20.08.2010 withdrawing the earlier Proceedings dated 07.7.2010 and thereby cancelling the Proceedings of "direct payment".