MAHAJANA EDUCATIONAL BOARD Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) ALL these writ petitions relate to Chikkaiah Naicker College at Erode, and since the issue involved is the same all these writ petitions are heard together and a common order is passed.

(2.) (I) The prayer in WP No. 4399 of 2001 is to issue a Writ of Certiorarified Mandamus calling for the records relating to the letter of the second respondent dt. 7. 12. 2000 made in No. 18627/i1/2000, quash the same and direct respondents 1 and 3 to hand over the Management of the Chikkaiah Naicker College, Erode to the petitioner. (ii) The prayer in W. P. No. 11019 of 2002 is to issue a Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the 2nd respondent in his proceedings Na. Ka. No. 47627/f2/97, dated 14. 3. 2002 and quash the same and consequently directing the respondents to approve and grant the recognition in accordance with the provisions of Tamil Nadu Private Colleges (Regulation) Act, 1976 and Tamil Nadu Societies Registration Act, 1975. (iii) W. P. Nos. 448 of 2003 and 37048 of 2004 have been filed by the same petitioner, who has filed W. P. No. 11019 of 2002. These petitions are to issue a Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the first respondent in G. O. Ms. No. 336 Higher Education (D2 Department) dt. 18. 12. 2002 and G. O. Ms. No. 543 Higher Education (D2 Department) dt. 30. 11. 2004 appointing a Special Officer and quash the same and consequently directing the respondents to approve and grant the recognition to the petitioner Management to administer Chikkaiah Naicker College, Erode.

(3.) W. P. NO. 4399 of 2001 has been filed by one Shanmuga Sundaram representing Mahajana Educational Board. It is stated that (i) the petitioner Board was registered under the Tamil Nadu Societies Registration Act. The main object of the Board is to provide higher education for the people in and around Erode. The purpose of the writ petition is to request respondents 1 to 3 to rectify the maladministration of Chikkaiah Naicker College Managing Board and for that purpose to take over the administration by the petitioner Board. (ii) The leading members of the Erode Town found the "mahajana School Board" in the year 1898; it was running a High School; the Board started "mahajana College" on 12. 7. 1954 to provide higher education at Erode. Mahajana School Board collected a huge amount from the public (for starting the College including) M. Chikkaiah Naicker and Periyar E. V. R. ; the Government donated 52 acres of land. (iii) Thereafter, on 17. 3. 1972, the "mahajana School Board" passed a resolution to form a separate society for running the College. Accordingly, on 19. 4. 1972, the "chikkaiah Naicker College Managing Board" was formed and registered as No. 76/1972. All the assets of the Mahajana School Board were transferred to the newly formed College Board. Thus, the 'mahajana School Board' has become 'mahajana College Board'. (iv) Periyar E. V. R. was the Founder President of the College Board; thereafter, E. V. R. Maniyammai became the President; after her death, one Rajendiran was elected as the President, and his brother Rajasekar declared himself as Secretary and Correspondent. From the year 1981, the College Board did not function as per the Act. On 8. 12. 1987, the Secretary of the College Board sent a communication to the District Registrar containing the list of Office Bearers of the Board. Thereafter, no communication was sent. (v) On 28. 12. 1994, the Government issued a notification under the caption 'dissolution of certain societies under the Tamil Nadu Societies Registration Act, 1975' in which it was published that the College Board registered as No. 76/72 will be subjected to the procedure contemplated under Sec. 44 of the Tamil Nadu Societies Registration Act, after the expiry of three months from the date of publication of the above notification. Since no representation was made by any person, the Government in the Gazette Notification dt. 3. 5. 1995 issued an order dissolving the College Board as provided under Sec. 44 (iv) of the Act. Thus, the College Board started on 19. 4. 1972 and registered No. 76/72 became defunct from 28. 12. 1994. (vi) No appeal was filed against the dissolution of the Society by any one. Therefore, there was no legal status for the Chikkaiah Naicker College Managing Board from that date. Though the society was dissolved, the respondents did not take any action to take over the Management of the College, but allowed the former Secretary Rajasekaran to continue the administration of the College. (vii) The third respondent issued a notice on 9. 1. 1998 directing the Joint Director of Collegiate Education, Coimbatore, to make the payment directly to the staff of the College on the ground that the Educational Board was not functioning properly. There was no Educational Board after 3. 5. 1995. (viii) As per Sec. 27 of the Tamil Nadu Private Colleges (Regulation) Act, 1976, no property of a private college can be transferred except with previous permission in writing of the competent authority, by way of sale, gift or any other manner; any such transfer without such permission is not valid. But, contrary to the restriction, the said Rajasekaran alienated the properties of the College and misappropriated the amount. (ix) The first respondent on 1. 6. 1998 issued a show cause notice to the Secretary of the College Board calling for an explanation as to why action should not be initiated as provided under Sec. 14-A of the Tamil Nadu Private Colleges (Regulation) Act. Such notice itself is bad in law as there was no College Board and there was no society; the notice was issued to a non-existent person. But, still, no action was taken. In the meanwhile, on 4. 3. 1998 Rajasekaran died. (x) After his death, his own son R. Aswath assumed the Office of Secretary and Correspondent of the defunct the Chikkaiah Naicker College Board. After the said show cause notice, the said Aswath convened a meeting of his friends and family members on 24. 6. 1998 and founded a new Society by name 'chikkaiah Naicker Education Board' and registered it before the District Registrar of Erode as No. 91/98 on 6. 7. 1998. While registering the above Society, it was claimed that a Resolution was passed by 13 members; out of those 13 members, one Dr. D. Padmanabhan in his letter dt. 22. 12. 1998, addressed to the Joint Director of Collegiate Education, stated that he did not attend the meeting (said to have been convened by R. Aswath), and he had not signed in any resolution. (xi) After the formation of the new Society, Aswath has taken control of Chikkaiah Naicker College without any authority of law, and without the permission of R1 to R3 taken over the huge properties and administration of the Society illegally. But, R1 to R3 are not taking any action. (xii) Against the Orders passed by the third respondent, on 12. 10. 1998, Aswath filed two suits before the Sub-court at Erode. O. S. No. 532/98 was for a decree of declaration that the proceedings initiated by R3 in Na. Ka. No. 6764/e1/98-1, dt. 1. 6. 1998 as illegal and ultra vires; and O. S. No. 533/98 was to declare the letter of the Regional Joint Director of Collegiate Education, Coimbatore as illegal and for mandatory injunction directing the Society of R. Aswath to function as the educational agency. The suit itself was not maintainable in view of the bar under Section 49 of the Tamil Nadu Private Colleges (Regulation) Act, 1976. Along with the suit, an application in I. A. No. 633/98 was filed for an order of injunction not to give effect to the above said proceedings. The Sub-Ordinate Court has passed an Order as prayed for. After obtaining the said injunction, Aswath is making arrangements to transfer the management of the College Board to a third party along with the properties. (xiii) Once the Society is dissolved, it is the bounden duty of the authorities to pass orders for winding up the Society and amalgamating the properties with a similar society. A notice was issued to R1 and R2 for that purpose; but, no action was taken by them. Hence, the writ petition in W. P. No. 12478/2000 for a direction to hand over the management of the College Board as provided under the Act, and this Court passed an Order on 26. 7. 2000 directing R1 to dispose of the representation dt. 10. 1. 2000 on merits. (xiv) The Inspector General of Registration clarified by letter dt. 2. 6. 2000 that the Resolution of Chikkaiah Naicker College Managing Board is not a valid one in view of the fact that except two members all the other seven members were not the members of the dissolved society. The Society ceased to exist after 3. 5. 1998, and therefore no resolution can be passed in the name of the said Society. As per the direction of this Court in W. P. No. 12478/2000, enquiry was conducted and the petitioner also filed a number of documents. The Inspector General of Registration on 7. 12. 2000 wrote a letter stating that the question of Amalgamation of the Society of 76/72 with the petitioner's society [91/98] will be considered only if the Society of 76/72 passes such a resolution. Such a resolution cannot be passed since it became defunct with effect from 28. 12. 1994. The Inspector General of Registration also rejected the resolution passed by the Society formed by Aswath. Hence, the writ petition.