S SANJEEVI JOSEPH Vs. DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

(2.) THIS writ petition had been filed by the petitioner praying for a Writ of Certioraririfed Mandamus, to call for and quash the records pertaining to the proceedings of the second respondent, dated 14.2.2009, by which direct payment of the grant had been ordered and for a direction to the second the third respondents to hand over the management of the Morning Star Central Aided Higher Elementary School, Thirupakuttai Village, Katpadi Taluk, Vellore District, to the petitioner.

(3.) FURTHER, by the impugned proceedings, dated 14.2.2009, the second respondent had interfered with the petitioner's right of management of the school, arbitrarily, without following the principles of natural justice. FURTHER, Section 18-A of the Tamil Nadu Recognised Private Schools Regulation Act, 1973, is applicable to the present case, as the making of direct payments of the grants is equivalent to the taking over of the management, by appointing a Special Officer. Such a power is vested only with the State Government and it cannot be exercised by the second respondent. Even otherwise, the management can be taken over by an order of the State Government only for reasons of mal administration or for serious lapses or irregularities committed by the management of the School. Even such a power should be exercised by the Government, only after giving an opportunity of hearing to the affected party. The learned counsel had also submitted that no show cause notice had been issued by the respondents before the impugned proceedings had been passed. Therefore, the impugned proceedings of the second respondent, dated 14.2.2009, is arbitrary, illegal and void.