P MARIAMISIRIA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS appeal is preferred against the order dated 6. 8. 1996 dismissing Writ Petition No. 5435 of 1996, in which the petitioner/appellant has sought for issue of a writ in the nature of certiorarified mandamus to quash the order of the 5th respondent dated 10. 4. 1996 and also to direct respondents 5 and 6 to recognise the petitioner as the Correspondent of both the middle and high schools run by K. A. M. P. Meerania Muslim Educational Society, Singampathu, kalakad.

(2.) IT is surprising to note that the petitioner is fighting without making the educational society in question as a party to the writ proceedings. The educational institutions in question are run by the aforesaid educational society. IT is the aforesaid educational society, which alone can appoint the correspondent of the school. In the absence of the educational society, the claim of the petitioner/appellant that she should be recognised as correspondent of both middle and High Schools, cannot be considered.

(3.) WE have already pointed out that the petitioner/ appellant has filed the suit and her son has also filed another suit challenging the very appointment of the 8th respondent as Correspondent of the school. Unless those suits are decided, neither the educational authority, nor the Registrar of Societies can go into the matter and decide the correctness or otherwise of the proceedings of the society regarding the appointment of the 8th respondent as Correspondent. Therefore, no purpose is served by directing the 5th respondent to receive the representation and consider the same on merits. Our observation as made above in para 5, is for the future guidance of the officers, discharging the functions under the Tamil Nadu Recognised Private schools (Regulation) Act.