A JOTHI MAHESAN SECRETARY DEVANGAR KALVI KAZHAGAM CHINNALAPATTI DINDIGUL DISTRICT Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THESE writ petitions illustrate that all is not well with the Devangar Community of Chinnalapatti Village at least in relation to the administration of the Educational institutions viz., Devangar Higher Secondary School and Devangar Girls Higher School.

(2.) THE earliest association to be registered under the Societies Registration Act, 1860 (hereinafter referred to as the Act) is the Chinnalapatti Devangar Educational Association with Register No. 20 of 1950. In the meeting held on 13-4-1985 one T.T.S. Lakshmanan was elected as Secretary of the Association. He was also nominated as the School Committee Secretary for both the Schools. On 29/5/1987 the said Lakshmanan removed eight members from the Association Committee. All of them filed O.S. No. 169 of 1987, seeking a declaration that they continue as members and they obtained interim orders on 18/9/1987 in I.A. No. 371 of 1987. THE rest of the members got interim orders on 6/4/1990 by filing an appeal, C.M.A. No. 25 of 1987. On 16/11/1990 one B. Chandrasekaran was nominated as Secretary of the School Committees. He is the petitioner in W.P. Nos. 20328 and 20329 of 1993. By proceedings, dated, 30/11/1990, the Inspector of Schools approved the nomination with a condition that the General Body should elect the new committee members for the association. According to the said Chandrasekaran, there was a General Body Meeting on 26/9/1993 and the office bearers were elected, and he was again nominated as school Secretary for three years.

(3.) BY an order, dated. 4/10/1993, the Director of School Education held that Chandrasekaran had not complied with the conditions of approval, dated 29/11/1990 and the Society 20 of 1950 had been dissolved. So, the Director directed that until the society is registered, the G.O.Ms. No. 881 (Education) dated. 4/6/1979 was being invoked and the District Educational Officer and Inspector of Schools (Girls) were directed to administer the two schools. BY consequential orders, dated 8/10/1993 and 11/10/1993 the salary of the teaching and non-teaching staff were directed to be paid through the Headmaster and Headmistress respectively. These orders were challenged by Chandrasekaran in W.P. No. 19263 of 1993. In W.M.P. No. 30000 of 1993 interim orders of stay were obtained. W.P. No. 20328 and 20329 of 1993 are for a writ of Mandamus to recognise Chandrasekaran as Secretary for the two schools. Therefore W.P. No. 19263 of 93 was withdrawn and dismissed.