C SIVASANKAR Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) THE writ petitioner seeks for a Writ of Certiorari to call for the impugned order of the second respondent in Mu. Mu. No. 1450/aa3/2004 dated 9. 8. 2004 and the consequential impugned order of the second respondent in na. Ka. 5386/ A5/aa3/04 dated 29. 7. 2005 and to quash the same.

(2.) 1. In the affidavit, the petitioner has stated that he is the nominated Trustee of Theagaraya Chetty Educational Institution Managing Committee, nominated by the Donor family for a period of five years from 13. 8. 2002, as per the scheme framed by the Supreme Court of India in S. L. P. No. 811 and 812 of 1975. The third respondent was elected from the old student Constituency on 4. 4. 1999 for five years. After that tenure, he was re-elected from College Teacher Constituency with effect from 19. 2. 2004. One Jayadev Babu has challenged his selection in Application No. 2673 of 2005 in C. S. No. 117 of 1973 on the basis that one Isari K. Ganesh ,a trustee, had to be ceased even as per the High Court order apart from other grounds. Another trustee A. Manimaran filed Appln. No. 377 of 2004, challenging the election of the third respondent from College Teacher Constituency. 2. 2. While so, in the Managing Committee meeting held on 5. 3. 2004 by Isari K. Ganesh , the third respondent has been elected as Secretary of Sir Theagaraya College Higher Secondary School committee for three years. It is stated that one P. Theagarayan , a trustee, nominated by the Donor family, was elected as the Secretary of the School committee on 15. 6. 2002 for three years and his term as Secretary had to end on 14. 6. 2005. Based on the resolution of the Managing Committee dated 5. 3. 2004 and without obtaining prior approval of the third respondent as required under Rule 13 (2) of the Tamil Nadu Recognised Private School (Regulation) Rules, the third respondent was nominated as the Secretary. 2. 3. On coming to know about the legal position the petitioner opposed his nomination in writing on 12. 3. 2005. However, the second respondent on the basis of legal proceedings, especially an order of this Court dated 30. 3. 2004 in Application No. 790 of 2004, directed payment of salary to the teachers directly. The Division Bench by order dated 22. 4. 2004 in o. S. A. No. 81 of 2004 confirmed the position that Isar i K. Ganes h had ceased to be a Trustee. Therefore, the meeting conducted by Isar i K. Ganes h on 5. 3. 2004 electing the third respondent as Secretary to the School Committee is not valid and the second respondent has rightly passed the order dated 15. 4. 2004. 2. 4. However, by order dated 09. 8. 2004, the second respondent approved the appointment of third respondent against his own order dated 15. 4. 2004. This Court by order dated 22. 9. 2004 in WPMP. No. 32807 of 2004 in W. P. No. 26935 of 2004, which was filed by one A. Manimara n , a trustee of the Managing Committee, against the order of the second respondent, dated 09. 08. 2004, stayed the above order, on the basis of which, second respondent directed the payment of salary directly to the teachers. But A. Manimara n withdrew his writ petition on 06. 7. 2005 and thereafter, the second respondent permitted the third respondent to act as secretary of the School Committee as per the impugned order dated 29. 7. 2005. Hence, the writ petition.

(3.) WITH the above directions, the writ petition is disposed of. No costs. Consequently, connected W. P. M. P s. are also closed. .