M.CHANDRAN Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) The petitioner is a B.T. Assistant working in the 5th respondent school. He has challenged the notice dated 21.4.2012 issued by the 5th respondent asking him to appear for enquiry on 28.4.2012 in the office room of the school Secretary in respect of the complaint given by the previous headmaster of the school. The petitioner challenged the said enquiry notice in this writ petition. When the matter came up on 4.5.2012, this Court, while ordering notice of motion granted interim stay. It was contended by the petitioner that prima facie the notice is invalid, since there is no valid school committee for initiating action under Section 18(c) of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, and since the dispute among the trustees is pending before the Division Bench, and in the absence of the School Management Trust, the Government is likely to appoint special officer and therefore, no enquiry can be held against the petitioner.

(2.) The said interim stay was subsequently extended from time to time. Aggrieved by the grant of interim stay, the 5th respondent has filed a vacate stay petition in M.P. No. 2 of 2012 together with a supporting counter affidavit dated 22.8.2012.

(3.) Heard the arguments of Mr. Giridharan-the learned counsel for the petitioner and Ms. G. Thilagavathi the learned counsel appearing for the 5th respondent and Mr. Sivashanmugham, the learned Special Government Pleader, who takes notice for R1 to R3.